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1. Defendant A, B, C, and E are jointly and severally liable to the Plaintiff for 172,223,348 won and KRW 171,528,065 among them.
Reasons
Facts of recognition
On March 17, 2009, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A, setting the credit guarantee principal of the credit guarantee principal of KRW 200,000,000, and the credit guarantee period from March 17, 2009 to March 16, 2010 (i.e., the continuous extension of the guarantee term until March 14, 2014) to guarantee the Defendant A’s loan obligations (hereinafter “the instant credit guarantee agreement”). The Defendant A received a loan of KRW 200,000,000 from the new bank, a new bank, which secured the credit guarantee certificate issued by the Plaintiff under the instant credit guarantee agreement.
At the time of the conclusion of the credit guarantee agreement of this case, Defendant B, C, E, D, and D were jointly and severally liable for the debt to be borne by Defendant A to the Plaintiff under the credit guarantee agreement of this case.
The credit guarantee agreement of this case states that the debtor and joint guarantor shall pay damages for delay calculated at the rate determined by the plaintiff from the date of performance of the guaranteed obligation to the date of repayment of the guaranteed obligation,
On August 30, 2013, when Defendant A incurred a guarantee accident under the instant credit guarantee agreement, the Plaintiff subrogated the principal and interest of the loan amounting to KRW 200,361,059 (= interest rateing to KRW 200,000,000) to the new bank (= interest rateing to KRW 361,059).
Since then, the plaintiff collected 30,317,614 won and appropriated it to 1,484,620 won for substitute payment and damages for delay, and to 28,832,994 won for principal.