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1. As to the Plaintiff’s joint and several costs of KRW 238,905,934 and KRW 237,854,444 among the costs, Defendant A and B shall jointly and severally serve as the Plaintiff from April 8, 2015 to May 2015.
Reasons
The grounds for the claim for judgment on the claim against the defendant A and B are as specified in the attached Form of the claim.
In accordance with the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, amended by Presidential Decree No. 26553, Sept. 25, 2015; and Article 2(2) of the Addenda of the same Act, the portion exceeding 15% per annum from October 1, 2015 to the date of full payment of the Plaintiff’s damages for delay is without merit.
The following facts, which are acknowledged as to the claim against Defendant C, are not disputed between the parties, or may be recognized by comprehensively considering the respective entries and the whole purport of the arguments in subparagraphs A and C (including the serial number; hereinafter the same shall apply).
On March 9, 2012, the Plaintiff entered into a credit guarantee agreement between Defendant A and Defendant A on March 11, 2013 with the guaranteed principal as KRW 171,00,000,000 and the guaranteed principal as of March 11, 2013 (the extension on March 11, 2015 thereafter). On September 27, 2013, the Plaintiff entered into a credit guarantee agreement between Defendant A and Defendant A on September 20, 2018, with the guaranteed principal as of September 20, 2018 (hereinafter referred to as “each credit guarantee agreement”), and Defendant B, the spouse of Defendant A, as of September 20, 2018, jointly and severally guaranteed all the obligations of the Plaintiff at the time of each credit guarantee agreement in this case.
Defendant A received respectively loans from the Bank of Korea in KRW 190,000,000 and KRW 70,000,000 from the National Bank of Korea, together with the letter of credit guarantee under each credit guarantee agreement of this case.
Defendant A caused a credit guarantee accident due to a natural body on December 16, 2014, and the Plaintiff’s subrogation over Defendant A, on April 8, 2015, paid the principal of KRW 173,818,828 to the Bank of Korea on April 8, 2015, KRW 171,00,000.