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1. The Defendants each of KRW 23,748,690 to the Plaintiff, respectively, and 5% per annum from September 8, 2013 to July 7, 2015.
Reasons
1. Basic facts
A. On March 10, 2008, the Plaintiff concluded a credit guarantee agreement with C Co., Ltd. (hereinafter “C”) with the credit guarantee principal of KRW 42,50,000,000, the credit guarantee agreement with the principal of the credit guarantee principal of KRW 270,000,000 on March 3, 2011, and the credit guarantee agreement with the credit guarantee principal of KRW 180,00,000 on August 31, 2011.
B. At the time of the above credit guarantee agreement, C agreed to pay the amount paid by the Plaintiff on behalf of the Plaintiff, damages for delay, and penalty in accordance with the rate of damages for delay as determined by the Plaintiff on behalf of the Plaintiff as the Plaintiff did not perform its obligation to repay the loan after obtaining the loan from
C. D, the representative director of C, has jointly and severally guaranteed all obligations under each of the above credit guarantee agreements against C. D.
C was granted each credit guarantee agreement from the Plaintiff, and was granted each loan from the corporate bank and the Korean bank.
E. On February 20, 2013, upon the occurrence of a credit accident due to the closure and delinquency of C’s business as of November 30, 2012, the Plaintiff subrogated to the Bank and the Enterprise Bank (the Bank as of November 30, 2012) under the respective credit guarantee agreement.
F. Thereafter, the judgment of Daejeon District Court 2013Gahap1054 rendered that C and D shall jointly and severally pay the Plaintiff KRW 281,867,651 and delay damages therefrom (Dismissal of the part of the claim for revocation of a fraudulent act), and the above judgment became final and conclusive thereafter.
G. Meanwhile, on December 201, Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd”) concluded a credit guarantee agreement with C on the payment guarantee of the purchase price of credit goods by setting the purchase price of KRW 100 million.
C Where the Seoul Guarantee Insurance Co., Ltd. makes a payment by subrogation because the credit amount is not paid at the time of the credit guarantee agreement.