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1. Defendant A’s year from February 12, 1999 to March 27, 2004 to KRW 47,426,664 and KRW 18,831,867 among them to the Plaintiff.
Reasons
1. Determination as to the claim against Defendant A
A. Indication of Claim: The obligation owed by Defendant A as a joint and several surety with respect to the payment claim, such as indemnity amount (the balance of subrogation principal), delay damages, and procedural expenses, which the Plaintiff subrogated to the lending financial institution and acquired against C pursuant to a credit guarantee agreement with C on November 11, 1997 (the following 2)
(b) Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);
2. Determination as to the claim against the defendant B
A. On November 11, 1997, the Plaintiff’s credit guarantee amounting to KRW 29,00,000,000 of the guaranteed principal issued by the Plaintiff on the same day, and submitted the credit guarantee amount of KRW 29,00,000 to the Dongsung Bank and received KRW 29,00,000 from the said bank. Defendant A guaranteed the Plaintiff’s credit guarantee obligation to be repaid by the Plaintiff pursuant to the credit guarantee agreement with the Plaintiff.
(B) As C was unable to repay the above principal and interest of loan due to loss of the interest due date on September 9, 1998, the Plaintiff paid 32,729,897 won to the above bank on February 12, 1999 as the principal and interest of loan was paid by subrogation, and thereafter collected 13,898,030 won out of the principal and interest of subrogation, the remaining amount is 18,831,867 won.
(C) The amount to be repaid by C pursuant to the credit guarantee agreement with the Plaintiff is not only KRW 18,831,867 of the subrogated principal, but also KRW 28,051,815 of the fixed delay principal of the subrogated principal of KRW 13,898,030 of the subrogated principal of KRW 28,051,815 of the subrogated principal of KRW 433,342 of the substitute payment, penalty of KRW 109,640 of the substitute payment, and the damages for delay shall be charged at each rate of KRW 20% per annum from February 12, 1999 to March 27, 2004 by the court.
[Ground of recognition: A without dispute; Defendant A’s 47,426,664 won (=28,051,051,815 substitute payment of KRW 433,342 substitute payment of KRW 109,640), and its determination of Defendant A’s 47,426,664 won (i.e., remaining substitute payment of KRW 18,831,867).