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1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 22,030,120 and KRW 21,55,302 among them, from August 24, 2016.
Reasons
1. Basic facts
A. On April 10, 2012, Defendant A entered into a credit guarantee agreement with the Plaintiff on April 9, 2013 with a view to obtaining a loan of KRW 30,000,000 from one bank as a general corporate capital, setting forth the guaranteed principal as KRW 27,00,000,000 and the guarantee term as until April 9, 2013. Defendant A received a loan of KRW 30,00,000 from one bank after submitting a credit guarantee certificate issued through the said agreement to one bank. Defendant A jointly and severally guaranteed all obligations, such as a reimbursement obligation under the said credit guarantee agreement against the Plaintiff.
B. The guaranteed principal of the above credit guarantee agreement was modified to KRW 21,250,000, and the term of the guarantee was respectively changed to July 7, 2016.
C.1) On June 10, 2016, Defendant A lost the benefit of time due to delayed payment of interest. Han Bank claimed the Plaintiff to discharge the guaranteed obligation. On August 24, 2016, the Plaintiff subrogated for KRW 21,55,302 on behalf of the Plaintiff. (2) In addition, as to the failure to extinguish the guaranteed obligation even after the expiration of the period of guarantee, Defendant A paid a penalty equivalent to 2% per annum of the guaranteed principal from July 9, 2016 to August 23, 2016 (=21,250,000 x 2% x 947/365 x 947/365). (3) The Plaintiff paid a penalty equivalent to 54,720 won per annum of the guaranteed principal from July 9, 2016 to August 23, 2016.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. According to the above facts finding as to the claim against Defendant A and Defendant B, the defendant A and the defendant B jointly and severally calculated 22,030,120 won to the Plaintiff (i.e., 21,55,302 won of subrogated payment of KRW 54,720,720 of the procedure cost of subrogation of KRW 420,098) and, among them, 21,55,302 won of subrogated payment of KRW 21,55,302 of the subrogated payment date from August 24, 2016 to October 26, 2016, which is the last delivery date of a copy of the complaint of this case, 10% per annum under the agreement, and damages for delay calculated by 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of complete payment