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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 270,042,90 and KRW 86,583,587 among them. From May 26, 2015 to 182,611.
Reasons
1. Determination on the cause of the claim
A. Facts of recognition: as shown in the Attached Form “Cause of Claim”.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 9 (including each number), the purport of the whole pleadings
B. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff 270,042,90 won in total, including the amount of subrogated and penalty, and 86,583,587 won in total, which is the date of the Plaintiff’s first subrogation, for the amount of KRW 182,61,084, which is the date of the Plaintiff’s second subrogation, and for the amount of KRW 182,61,084, which is the date of the Plaintiff’s second subrogation, from July 13, 2015 to January 31, 2016, the rate of 12% per annum determined by the Plaintiff from February 1, 2016, to May 2, 2016, which is the date of delivery of a copy of the instant complaint (an order of payment).
2. As to the determination of Defendant C’s assertion, Defendant C asserts to the effect that Defendant C’s joint and several liability of Defendant C was extinguished, since the Financial Services Commission abolished the joint and several liability system of bank bills around May 2012, and the secondary financial right’s joint and several liability system around April 2013, and the applicable period was set from July 1, 2013.
However, the aforementioned measures of the Financial Services Commission are administrative guidance, and cannot be acknowledged as compulsory, such as the law, and as such, as Defendant C has reached an individual and direct agreement by entering into joint and several guarantee agreements with the Plaintiff, it cannot be deemed that the judicial effect of an individual agreement entered into between the Plaintiff and Defendant C is naturally null and void.
Therefore, Defendant C’s above assertion is unreasonable.
3. Thus, the plaintiff's claim against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.