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1. Defendant A and B Co., Ltd. jointly and severally with the Plaintiff KRW 1,394,728,575 and their weight:
A. As regards KRW 492,298,028, 2014
Reasons
1. Basic facts
A. On March 17, 2010, Defendant A Co., Ltd. (1) concluded a credit guarantee agreement with the Plaintiff with a fixed amount of KRW 493,00,000 of the guaranteed principal, and by March 16, 2011, in order to provide the loan as security at one bank on March 17, 2010 (the change to March 14, 2014 during the B), to obtain a credit guarantee agreement from the Plaintiff, and to obtain a loan of KRW 580,000,000 from the Plaintiff to one bank. In this case, Defendant B provided a joint and several liability against the Plaintiff by the Plaintiff.
(2) According to the above credit guarantee agreement, if Defendant A did not repay a loan, Defendant A paid the amount of subrogation on behalf of the Plaintiff, damages for delay calculated by the Plaintiff’s overdue interest rate from the date of repayment to the date of full payment (12% per annum from the date of the agreement to the date of full payment), and the amount of subrogated payment, which is expenses incurred by the Plaintiff for preserving the claim for reimbursement.
(3) However, on March 17, 2014, as a result of a guarantee accident where Defendant A delayed the obligation to repay the principal and interest of a Han Bank, Defendant A subrogated for KRW 495,624,568 (principal principal amounting to KRW 492,99,952,624,616) on May 8, 2014 at the request of Han Bank. The Plaintiff recovered KRW 1,580,620 on May 8, 2014, and collected KRW 1,745,920 on June 18, 2014 from the date of subrogation to the date of recovery of the amount of the principal partially recovered, the amount of damages for final delay under the above overdue interest rate was incurred from the date of subrogation to the date of recovery, and the remainder of the amount to be recovered after being disbursed to secure the indemnity claim due to subrogation is KRW 24,627,205,920.
B. (1) On June 3, 2013, Defendant A entered into a credit guarantee agreement with the Plaintiff by setting the principal of the guarantee on June 3, 2013, as until June 2, 2014, in order to secure the obligation arising from the continuous commercial transactions with the Sejong River Co., Ltd. (hereinafter referred to as the “Saeuk River”), and as a credit guarantee agreement with the Plaintiff.