beta
Text
1. Defendant A, B, C, and D are jointly and severally liable to the Plaintiff for KRW 465,626,337 and KRW 457,631,014 among them.
Reasons
Facts of recognition
On April 22, 2004 (amended 512,00,000,000) April 23, 2004, each of the credit guarantee contracts of this case entered into on March 10, 2007 (amended 170,00,000,000) the guaranteed principal on the date of guarantee (the original guaranteed principal) loan term (amended 512,00,000,000) (the extended 512,000,000,000 on April 19, 206) with the Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.), and each of the above credit guarantee contracts was concluded with the Defendant Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) to guarantee repayment of loans under the following terms:
Defendant B, C, and D guaranteed each of the above obligations against the Plaintiff of the Defendant Company.
According to the terms and conditions of each guarantee agreement of this case, when the defendant company has discontinued its business or has failed to conduct its business for more than three consecutive months, the defendant company may make an advance reimbursement, and when the plaintiff makes a subrogation, the defendant company shall pay to the plaintiff all incidental obligations, such as the amount subrogated by the plaintiff and its delay damages, penalty, penalty, execution and preservation of claims, expenses incurred in the process of legal procedure
The rate of damages for delay for the amount of indemnity paid by the plaintiff is 15% per annum from June 1, 2005 to the date.
The Plaintiff’s subrogation company closed its business on June 19, 2012, and did not repay the principal and interest of the said bank, and the Plaintiff paid the loan amount of KRW 512,00,000,000, interest amount of KRW 5,002,093 and interest amount of KRW 5,00,000, and KRW 1,170,215, total of KRW 622,172,30,308 according to the Plaintiff’s demand for performance of guarantee payment by the said bank.
The remainder of the amount, other than the amount appropriated as principal of the subrogated payment, from the principal of the subrogated payment on the date of recovery of the amount to the principal of the subrogated payment, shall be appropriated as the substitute payment.