beta
Text
1. As to KRW 60,863,357 and KRW 58,536,082 among the Plaintiff, Defendant A and B, jointly and severally, shall be from May 6, 2015 to June 2015.
Reasons
1. Determination as to the claim against Defendant A and B
A. Facts of recognition 1) On February 5, 2013, Defendant A entered into a credit guarantee agreement with the Plaintiff on the guarantee amount of KRW 85 million between the Plaintiff and the Plaintiff, and up to February 4, 2014, the guarantee period of KRW 12% per annum as determined by the Plaintiff from the date of the Plaintiff’s subrogation. Defendant B guaranteed Defendant B’s obligation under the said credit guarantee agreement. (2) The Plaintiff and Defendant A extended the guarantee period of the said credit guarantee agreement until February 24, 2015. On February 12, 2015, Defendant A paid the Plaintiff for payment of the principal amount of KRW 86,020,07 on May 6, 2015.
3) After the date of the above subrogation, the Plaintiff recovered KRW 32,268,163 from the Defendant A. As of the date of the closing of argument in the instant case, the obligation remaining under the said credit guarantee contract is the principal amounting to KRW 58,536,082; KRW 1,887,145; KRW 440,130; KRW 60,863,357 (i.e., KRW 58,536,082 KRW 1,887,145; KRW 440,536,082; and damages for delay from the date of subrogation for the principal amounting to KRW 58,536,082; and the purport of the entire pleadings as a whole. [Grounds for recognition] There is no dispute.
B. According to the above facts finding as to the cause of the claim, Defendant A and B are jointly and severally liable to pay to the Plaintiff KRW 60,863,357 and 58,536,082, whichever is the date of subrogation, to the Plaintiff, 12% per annum per annum from May 6, 2015, which is the date of subrogation, until June 9, 2015, when a duplicate of the complaint of this case was served on the said Defendants, and 15% per annum from the next day to the date of full payment.
2. Determination as to the claim against Defendant C and D
A. Facts of recognition 1) Defendant A’s real estate listed in the attached Table 1 (hereinafter “instant real estate”) to Defendant C on January 5, 2015.