beta
Text
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
3. Text of the judgment of the court of first instance;
Reasons
1. Basic facts
A. On August 21, 2008, the Plaintiff entered into a credit guarantee agreement with A Co., Ltd. (hereinafter referred to as “A”) with the credit guarantee principal of KRW 2 billion and the credit guarantee period from August 21, 2008 to August 20, 2018 (hereinafter referred to as the “credit guarantee agreement of this case”). The Plaintiff jointly and severally guaranteed the indemnity liability owed A to the Plaintiff pursuant to the instant credit guarantee agreement (hereinafter referred to as the “joint and several sureties”).
B. According to the instant credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, the principal obligor and the joint guarantor pay the amount subrogated by the Plaintiff, damages for delay in accordance with the interest rate determined by the Plaintiff from the date of performance of the guaranteed obligation on behalf of the Plaintiff until the date of full payment of the guaranteed obligation on behalf of the Plaintiff. The damages for delay under the agreement is 15% per annum from June 1, 2005 to November 30, 2012, and 12% per annum from December 1, 2012.
C. A obtained a loan of KRW 2 billion from a new bank (hereinafter “new bank”) as a security of the credit guarantee agreement of this case. A, around January 16, 2012, had delayed payment of interest on the above loan and caused a credit guarantee accident. Under the credit guarantee agreement of this case, the Plaintiff subrogated the new bank for KRW 1,197,067,940 on May 15, 2012 (i.e., the principal amount of KRW 1,192,201,147, and KRW 4,866,793).
From May 16, 2012 to March 25, 2013, A repaid the Plaintiff totaling KRW 747,544,611 on 13 occasions. The damages for delay, penalty, and fees for delay under the credit guarantee agreement of this case totaling KRW 58,348,217 (i.e., penalty for delay damages amounting to KRW 47,233,927; KRW 9,717,250 for delay charges amounting to KRW 1,397,040).
E. Meanwhile, the J died on November 19, 2008, and the heir was Defendant C, D, E, F, G, and H, who is his/her child. On July 28, 2014, the said Defendants reported the inheritance-limited approval to the J as the head of the Gwangju Family Court (2014Ra92).