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1. The Plaintiff:
A. The Defendants are jointly and severally liable for KRW 166,309,789 and KRW 163,692,344 among them.
Reasons
1. Facts of recognition;
A. On May 14, 2013, Defendant A Co., Ltd. (hereinafter “Defendant Company”) concluded a first credit guarantee agreement with the Plaintiff, and Defendant B jointly and severally guaranteed such agreement. Defendant B concluded a second credit guarantee agreement with the Plaintiff on June 12, 2014, and the terms and conditions of each contract are as follows.
B B A
B. Around May 15, 2018, when the period of each credit guarantee agreement with the Plaintiff was in existence, Defendant B incurred a credit guarantee accident of “inbound and non-performing credit guarantee” as the principal and interest of interest in arrears against Defendant C Co., Ltd., and the Plaintiff paid the following subrogation in accordance with the credit guarantee agreement.
B B A C
C. As a penalty for a credit guarantee agreement against the Defendants, KRW 790,020 for the first guarantee, and KRW 31,460 for the second guarantee were incurred, and KRW 1,827,425 was incurred as the first guarantee payment.
The agreed interest rate between the Plaintiff and the Defendants was 10% per annum from August 19, 2018 (Guarantee 1) and September 13, 2018 (Guarantee 2) and 8% from April 1, 2019.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 9, the purport of whole pleading
2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the indemnity amount of KRW 166,309,789 (163,692,34, KRW 790,020, and KRW 1,827,425, and substitute payment of KRW 163,692,34, which is the date of the first guarantee payment, to the Plaintiff from August 9, 2018 to March 31, 2019, the agreed rate of KRW 10%, the next day to April 30, 2019, annually from April 30, 2019 to April 30, 2019, annually from the next day to May 30, 2019, as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc.
In addition, Defendant B shall pay KRW 7,117,662 (the amount of subrogated payment of KRW 7,086,202) and penalty for attempted payment of KRW 31,460 for attempted payment of KRW 7,086,200 for subrogated payment of KRW 7,086,202 on September 13, 2018.