beta
Text
1. The Defendants are jointly and severally and severally liable to the Plaintiff for the payment of KRW 71,187,516 and KRW 59,847,525 from December 7, 2018 to December 26, 2018.
Reasons
▣ 피고 B
1. Facts of recognition;
A. The Plaintiff is a corporation established with the purpose of guaranteeing the debt of an enterprise which lacks collateral capacity under the Credit Guarantee Fund Act to support its own financing source.
B. On July 9, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) whereby KRW 85 million is the credit guarantee principal, out of the money to be loaned from Defendant A Co., Ltd. (hereinafter “D bank”), and the credit guarantee agreement between July 8, 2014 (hereinafter “the instant credit guarantee agreement”). Defendant B and C jointly and severally guaranteed the Plaintiff’s liability for indemnity to be borne by Defendant A at the time of the instant credit guarantee agreement.
C. On July 9, 2013, E obtained a loan of KRW 85 million from D Bank based on the credit guarantee certificate issued by the Plaintiff pursuant to the instant credit guarantee agreement.
Defendant A incurred a credit guarantee accident that has lost the benefit of time with respect to the above loan obligations, and D Bank requested the Plaintiff to discharge the guaranteed obligation under the instant credit guarantee agreement.
On June 15, 2017, the Plaintiff repaid the sum of KRW 82,022,048 to the D Bank in subrogation of Defendant A.
E. The sum of the remainder of the claim for reimbursement based on the credit guarantee agreement of this case against Defendant A, including penalty and substitute payment, is KRW 71,187,516 as of December 6, 2018 (i.e., remaining amount of subrogated payment KRW 59,847,525 KRW 11,339,91) and damages for delay calculated at the rate of 10% per annum for agreed delay damages from December 7, 2018 to the date of full payment.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including each number for a case with a serial number), the purport of the whole pleadings
2. According to the above facts of determination, Defendant B claimed the Plaintiff as to KRW 71,187,516 of the amount of subrogated and KRW 59,847,525 of the amount of subrogated payment from December 7, 2018.