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1. The Defendants are jointly and severally liable to the Plaintiff for 42,073,041 won and 26,268,645 won among them.
Reasons
1. Facts of recognition;
A. On November 29, 2002, the Plaintiff and Defendant A entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A on November 28, 2003, setting the guarantee term of KRW 44,900,000 as the guaranteed amount of KRW 44,90,000. The Defendant A submitted a credit guarantee agreement under the instant credit guarantee agreement and received a loan from the national bank. At the time, Defendant B and C jointly and severally guaranteed obligations under the instant credit guarantee agreement.
B. After that, Defendant A failed to repay a loan to a national bank. Accordingly, the Plaintiff subrogated for KRW 45,746,395 to the national bank on March 16, 2004 upon the request for performance of the obligation to guarantee the national bank. After that, the Plaintiff recovered KRW 5,000,000 on April 18, 2007 and collected KRW 40,246,395 on May 29, 2007.
On the other hand, 185,90 additional guarantee fee to be paid by the Defendants to the Plaintiff regarding the instant credit guarantee agreement was incurred, and the final delay damages incurred in relation to the amount recovered were KRW 2,703,230.
C. Accordingly, the plaintiff filed a lawsuit against the defendants as Seoul Central District Court 2007Kadan224752 (hereinafter "the previous lawsuit of this case"). On October 10, 2007, the above court rendered a judgment that "the defendant jointly and severally pays to the plaintiff 43,135,615 won and 40,246,395 won as to the plaintiff's 14% per annum from March 16, 2004 to June 15, 2004, 16% per annum from the next day to September 11, 2007, and 20% per annum from the next day to the day of full payment," and the above judgment became final and conclusive at that time.
As of July 23, 2014, the Plaintiff was sentenced to the judgment of the previous suit in the instant case and received partial reimbursement, and became final and conclusive as of July 23, 2014, the amount of unpaid subrogated payment under the credit guarantee agreement in the instant case, and the amount of unpaid subrogated payment 1,50,910.