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1. As to Defendant A, B, and C’s joint and several liability for KRW 95,879,534 and KRW 94,875,382 among them, Defendant A, B, and C’s joint and several liability for damages to the Plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff Co., Ltd. (hereinafter “A”)
(2) The Defendant B and C guaranteed the Defendant’s obligation owed to the Plaintiff in accordance with the credit guarantee agreement on March 18, 2016, when the Plaintiff subrogated for the principal and interest of the loan due to the Plaintiff’s failure to perform the obligation to repay the loan owed to the lending institution at the time of the said credit guarantee agreement. The agreement was made to pay the principal and interest of the loan by subrogation pursuant to the interest rate as determined by the Plaintiff from the date of performance of the principal and interest of the loan. On March 26, 2010, the obligee of Korea Bank on March 18, 2016, the guarantee period for the guaranteed amount of the guaranteed amount as of the date of the annual agreement.
B. On October 12, 2015, Defendant A received a loan from the bank based on the above credit guarantee. However, on October 12, 2015, the occurrence of a credit guarantee accident caused by Defendant A’s defective disposal, the Plaintiff subrogated to the bank of Korea for KRW 95,15,422 on November 24, 2015, and collected KRW 280,040 on November 24, 2015 from Defendant Company and collected KRW 94,875,382 on the balance of the claim for reimbursement.
The final delay damages incurred by the date of recovery are KRW 92.
3) The cost of the preservative measure (payment by subrogation) incurred by the Plaintiff in order to preserve the claim for reimbursement against the Defendant A arising from the said subrogation is KRW 1,004,060. 4) The agreed interest rate under the credit guarantee agreement of this case is 12% per annum from November 24, 2015, the date of payment by subrogation, to the date of November 24, 2015.
C. Defendant B’s disposal act, etc. 1) On March 5, 2015, Defendant B and Defendant D are real estate listed in the separate sheet owned by Defendant B (hereinafter “instant real estate”).
As to the maximum debt amount of KRW 47 million, the mortgage contract to be concluded against Defendant B and Defendant D with the mortgagee (hereinafter “the instant contract”).