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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 102,956,760 and KRW 101,98,00 among them, from April 25, 2014 to August 2014.
Reasons
1. On March 13, 2009, the Plaintiff entered into a credit guarantee agreement with the Defendant Company A (hereinafter “Defendant Company”) to provide credit guarantee agreements with respect to the repayment obligations of the principal and interest of loan to be borne by the Defendant Company in obtaining a loan from a national bank, and issued a credit guarantee agreement with the National Bank as follows (hereinafter “the instant credit guarantee agreement”). Accordingly, the Defendant Company received a loan from the National Bank as shown below:
D 1,00,000 won in the guaranteed term loan section D 1,000,000 in the guaranteed term loan subject on the date of guarantee, on March 13, 2009.
B. On March 13, 2009, Defendant B and C entered into a joint and several guarantee agreement with the Plaintiff, whereby the Defendant Company would be jointly and severally liable for all of the obligations that the Plaintiff owes to the Plaintiff pursuant to the aforementioned credit guarantee agreement.
C. Since then, the occurrence of a credit guarantee accident due to the natural body of the Defendant Company, the Plaintiff subrogated to the national bank the obligation of KRW 101,988,000 on April 25, 2014 upon the request for performance of the guaranteed obligation of the national bank.
D on April 25, 2014, 100,000,000 won in total, as of April 25, 2014, 1988,000 won in subrogation and interest on subrogation as of the date of payment by subrogation.
D. According to Article 35 of the Credit Guarantee Fund Act and Article 11 of the Credit Guarantee Agreement prepared between the Plaintiff and the Defendant Company, when the Plaintiff fulfilled its guaranteed obligation, the Plaintiff shall be paid damages for delay at the prescribed rate from the date of performance to the date of full payment. The rate is 12% per annum.
E. According to Article 34 of the Credit Guarantee Fund Act and Article 4 of the Credit Guarantee Agreement concluded between the Plaintiff and the Defendant Company, the Defendant Company shall assume the principal obligation within the guarantee period.