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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 32,492,419 and 15% per annum from May 22, 2014 to February 11, 2015.
Reasons
1. Facts of recognition;
A. On July 20, 201, Defendant A borrowed KRW 50 million from a new bank under the Plaintiff’s credit guarantee agreement, and Defendant Gangnam-nam Underground shopping mall Co., Ltd. jointly and severally guaranteed the indemnity liability owed by Defendant A pursuant to the credit guarantee agreement with the Plaintiff.
B. As the Defendant delayed the performance of the above loan obligations to a new bank, the new bank notified the Plaintiff of the performance of the guaranteed obligation on or around February 17, 2014. On May 22, 2014, the Plaintiff subrogated to the new bank for KRW 32,675,429 for the principal and interest of the Plaintiff’s above loan obligations to the new bank, and on May 22, 2014, the Plaintiff recovered KRW 183,010 on the same day and became KRW 32,492,419.
C. Under the credit guarantee agreement and joint and several sureties agreement between the Plaintiff and the Defendants, the interest rate on the Defendants’ obligation for indemnity against the Plaintiff is set by the Plaintiff’s board of directors within the limit of 25% per annum, and the interest rate determined by the Plaintiff’s board of directors is 1
[Ground of recognition] Facts without dispute, Gap 1 through 7 evidence, purport of whole pleadings
2. Determination
A. According to the facts of the determination as to the cause of the claim, the Defendants are the primary debtor and the joint and several sureties under the credit guarantee agreement with the Plaintiff, and jointly and severally, are liable to pay to the Plaintiff the amount of KRW 32,492,419, and damages for delay calculated at the rate of 15% per annum pursuant to the agreement from May 22, 2014, which is the date of subrogation, to the date of the final delivery of the complaint sought by the Plaintiff, and damages for delay calculated at the rate of 20% per annum pursuant to the Act on Special Cases Concerning Promotion, etc.
B. The plaintiff's failure to notify despite the delay in the repayment of Defendant A's loan obligations during a considerable period of time is in violation of Article 5 of the Special Act on the Protection of Surety, and the defendant suffered loss due to this.