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Defendant A, B, and C are jointly and severally liable to the Plaintiff for KRW 235,351,766 and KRW 230,035,689 among them.
Reasons
1. Basic facts
A. On April 29, 2011, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant A”), and Defendant A borrowed KRW 350,00,000,000 from Citti Bank (hereinafter “instant loan”) as the guaranteed principal in obtaining a loan from Citti Bank Co., Ltd. (hereinafter “C”) and April 27, 2012 (hereinafter “instant credit guarantee agreement”). Defendant B and C jointly and severally guaranteed all obligations owed by Defendant A to the Plaintiff under the said credit guarantee agreement. On the same day, Defendant A obtained a loan of KRW 350,00,000 from Citti Bank as collateral (hereinafter “instant loan”).
B. According to the instant credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, Defendant A, B, and C jointly and severally agreed to pay to the Plaintiff the amount of the guaranteed obligation and the rate determined by the Plaintiff from the date of performance to the date of repayment, and the damages for delay calculated in accordance with the calculation method. The rate of damages for delay determined by the Plaintiff is 12% per annum after December 1, 2012
C. On December 17, 2013, Defendant A dealt with a final default on payment and caused a guarantee accident under the instant credit guarantee agreement.
Accordingly, on February 19, 2014, the Plaintiff subrogated the instant principal and interest of KRW 300,338,883 to the Citti Bank. On October 6, 2014, the Plaintiff recovered KRW 70,303,194 from the Defendant and collected the recovered amount, and the Plaintiff incurred damages for delay at the rate of KRW 5,316,07 per annum from February 19, 2014 to October 6, 2014.
Defendant A completed the registration of the establishment of a collateral security (hereinafter “mortgage 1”) that was received on August 6, 2013 by the Seoul Southern District Court (Seoul Southern District Court), which was KRW 100,000,000 for each real estate listed in the separate sheet (hereinafter “instant real estate”) on July 5, 2013.