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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 16,252,92 and KRW 15,409,289 among them. From June 3, 2016 to December 2016.
Reasons
1. Facts of recognition (applicable to recognition: Fact that there is no dispute, and described in Gap evidence 1 through 10);
A. On May 27, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) by setting the guaranteed principal amount of KRW 20,000,000, and by May 24, 2019, and issued a credit guarantee certificate (guarantee Number C). Defendant B jointly and severally guaranteed the indemnity obligation owed to the Plaintiff by the Defendant Company pursuant to the said credit guarantee agreement.
B. The Defendant Company was loaned KRW 20,000,000 from the Industrial Bank of Korea on the basis of the said credit guarantee certificate.
C. According to the above credit guarantee agreement, where the Defendant Company failed to repay the loan to the Bank, and the Plaintiff performed the guaranteed obligation to the Bank, the Defendants shall pay to the Plaintiff the amount of the Plaintiff’s guaranteed obligation, ② the rate determined by the Plaintiff from the date of repayment to the date of repayment, and damages calculated by the calculation method (17% per annum until December 1, 2010, and 14% per annum since December 2, 2010), ③ the expenses incurred in the discharge of the guaranteed obligation, ④ the expenses incurred in the preservation, transfer, and exercise of the right acquired through the discharge of the guaranteed obligation, ④ the expenses incurred in the preservation, transfer, and exercise of the guaranteed obligation, ⑤ the unpaid guarantee fee, overdue guarantee fee (the amount calculated by multiplying the unpaid guarantee fee by the interest rate of 10% per annum), additional guarantee fee (the amount calculated by multiplying the terminated guarantee obligation by the rate of 0.5% per annum as determined by the Plaintiff).
On April 28, 2016, the Defendant Company lost the benefit of time due to the delay of principal, and on June 3, 2016, the Plaintiff subrogated to the Industrial Bank of Korea for the amount of KRW 15,724,269 (= principal amount of KRW 15,580,000, KRW 144,269).
E. On June 3, 2016, the Plaintiff recovered KRW 314,980 from the Defendant Company and appropriated it for the principal of the subrogation, and the remainder of the subrogated principal is KRW 15,409,289, and accordingly, the Plaintiff’s subrogated principal.