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1. The Defendant shall pay to the Plaintiff KRW 43,854,899 and interest rate of KRW 15% per annum from January 22, 2017 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On May 13, 1995, C Co., Ltd. (hereinafter “C”) entered into a loan guarantee agreement (hereinafter “instant guarantee agreement”) with the Housing and Urban Guarantee Corporation (the Housing Business Mutual Aid Association, the Korea Housing Guarantee Company), the guaranteed amount of KRW 200,00,000, and the guarantee period of KRW 100,000 from May 13, 1995 to May 13, 1996, and the guarantee fee of KRW 1,608,760 from May 13, 1995, and jointly and severally guaranteed C’s indemnity liability for the housing and Urban Guarantee Corporation under the instant guarantee agreement.
B. The Korea Housing Guarantee, as C was unable to repay its obligations to the Jeju Bank, was subrogated for the obligations to the Jeju Bank in accordance with the instant guarantee agreement and acquired the right of reimbursement equivalent to the amount of subrogated payment against C.
C. On June 20, 2007, the Plaintiff, a joint and several surety for indemnity liability to the Housing and Urban Guarantee Corporation under the instant guarantee agreement, subrogated for KRW 106,569,904 on June 20, 207 to the Housing and Urban Guarantee Corporation. On November 16, 2007, the Plaintiff, a corporation taking over the Plaintiff’s said joint and several liability (hereinafter “New Construction”) subrogated for KRW 12,704,593 in total,12,704,593,593 on April 27, 2008.
The construction on June 1, 2017 transferred the claim for reimbursement against the Defendant, which was acquired by subrogation, to the Plaintiff, and notified the Defendant thereof, and the notification reached the Defendant around that time.
[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 and 3, the purport of the whole pleadings
2. Determination
(a) In case where several guarantors jointly and severally bear the obligation with each other, the amount of the obligation or the limit of the amount of the guarantee agreed upon by each of the guarantors, even though there is no special agreement between the guarantors, since there is no separate benefit to the obligee.