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1. The Defendants jointly and severally committed against the Plaintiff as to KRW 40,638,00 and KRW 40,569,709 among them, from November 23, 2017.
Reasons
1. Basic facts
A. On April 14, 2010, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A on April 13, 201 with a credit guarantee principal of KRW 50,00,000,000, and the credit guarantee term as of April 13, 201. On April 15, 2010, Company A borrowed KRW 50,000 from the Industrial Bank of Korea under the instant credit guarantee agreement. Defendant B and C, at the time of entering into the instant credit guarantee agreement, jointly and severally guaranteed the Defendant A’s obligation to the Plaintiff pursuant to the instant credit guarantee agreement.
B. After the due date under the instant credit guarantee agreement, the credit guarantee term under the instant credit guarantee agreement was extended in sequential order on April 12, 2012 and April 12, 2013. Around April 10, 2013, Defendant A paid KRW 5,00,000 out of the loans owed to the Industrial Bank of Korea, and the credit guarantee principal was reduced to KRW 45,00,000, and the credit guarantee term was extended on April 11, 2014. After that, the credit guarantee term under the instant credit guarantee agreement was extended in sequence on April 10, 205; and Defendant A paid KRW 5,00,000 out of the loans owed to the Industrial Bank of Korea on April 6, 2017, the credit guarantee term was extended to KRW 40,000,000, and the credit guarantee term was extended to KRW 4008,400.
C. On August 8, 2017, Defendant A, Inc., in arrears with interest on loans owed to the Industrial Bank of Korea, caused a guarantee accident under the instant credit guarantee agreement. On November 23, 2017, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 40,000,000 of the principal of the loans and KRW 3.74% per annum from July 7, 2017 to November 22, 2017, based on the agreed rate of KRW 569,569,709 in total, or damages for delay.
Article 10 of the Credit Guarantee Agreement of this case provides that with respect to the scope of repayment following the fulfillment of guarantee responsibility, the amount of the credit guarantee obligation shall be calculated by the rate prescribed by the Foundation from the date of performance to the date of repayment and the method of calculating the amount of the credit guarantee obligation under paragraph (1).