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1. The Defendants are jointly and severally liable to the Plaintiff 109,031,170 won and the interest rate of 12% per annum from May 27, 2020 to the date of full payment.
Reasons
1. Facts of recognition;
A. On February 17, 1997, the Plaintiff’s final and conclusive judgment against the Defendants entered into a credit guarantee agreement under the Credit Guarantee Fund Act with the period from February 17, 1997 to February 16, 1998 with respect to the obligation to be borne by the Defendant A and the Defendant A (hereinafter “C”) with respect to the credit guarantee principal limit of KRW 100,000,000, and the period of guarantee from February 17, 1997 to February 16, 1998. Defendant B jointly and severally guaranteed all the obligation to be borne by the Plaintiff under the said credit guarantee agreement entered into between the Plaintiff and the Defendant A.
around February 17, 1997, Defendant A received a loan of KRW 100,000,000 from C as security a guarantee under the above credit guarantee agreement.
When Defendant A lost the benefit of time due to the bankruptcy on October 2, 1997, and was unable to repay the above loan, the Plaintiff paid the loan of KRW 49,645,710 on February 20, 1998 in subrogation of the Defendant A, and recovered some of the amount and appropriated it for the principal, etc.
In around 2008, the Plaintiff filed a lawsuit claiming indemnity against the Defendants.
(Seoul Central District Court 2008Kadan41913). The above court sentenced the following order on July 3, 2009, and the above judgment became final and conclusive around that time.
A AD E
B. From February 20, 1998 to October 31, 2018, the date of subrogation, the Plaintiff recovered KRW 144,524,236 from the Defendants’ 122 cases.
Of KRW 144,524,236, KRW 49,645,710, which was recovered from the Defendants, was appropriated for the principal amount of KRW 49,645,710, and the final delay damages of KRW 179,553,417 were incurred. KRW 83,383,907 was appropriated for the final delay damages of KRW 179,553,417, and the remaining KRW 11,494,619 was appropriated for the expenses incurred by the Plaintiff in collecting the amount of credit from the Defendants.
On May 19, 2020, the details of the Plaintiff’s claim against the Defendants remaining as of May 19, 202 are KRW 96,169,510 = final delay damages = KRW 179,553,417.