beta
Text
1. The Plaintiff:
A. As to KRW 57,561,419 and KRW 55,580,324 among Defendant A, Defendant A, from March 19, 2014 to August 31, 2015.
Reasons
1. Determination on the cause of the claim
A. The facts such as the “the cause of the modified claim” in the attached Form can be recognized.
[Ground of recognition] Defendant D: Confession (Article 150(3) of the Civil Procedure Act) and Defendant A, B, and C: The fact that there is no dispute, each entry in Party A1 through 9 (including each number), and the purport of the whole pleadings
B. According to the above facts, Defendant A, as a guarantor under the credit guarantee agreement of this case, is obligated to pay to the Plaintiff the remainder of 57,561,419 won (=5,580,324 won 1,79,505 won), plus 55,580,324 won of the remainder of the subrogated principal, 12% per annum from March 19, 2014 to August 31, 2015, the agreed interest rate of 12% per annum from the following day to April 8, 2019, the last delivery date of the complaint of this case until April 8, 2019, and damages for delay calculated at 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
In addition, as Defendant B, C, and D committed a joint tort in collusion with Defendant A, thereby causing losses that the Plaintiff could not actually secure the claim for indemnity even if they subrogated for the loan to the victim E (hereinafter “E”) pursuant to the credit guarantee agreement in this case, Defendant B, C, and D, as joint tortfeasor, jointly with Defendant A pursuant to Article 760 of the Civil Act, have the obligation to pay to the Plaintiff damages at the rate of 56,523,790 won (5,580,324 won, 943,466 won), which is the sum of the remaining principal of subrogation and the amount of damages equivalent to the finalized amount of damages already incurred to the Plaintiff, as a joint tortfeasor, and 5,580,324 won, which is the remaining principal of subrogation, as the date of subrogation, from March 18, 2014, which is the date of delivery of a copy of the complaint in this case from March 18, 2014 to April 8, 2019.
2. Determination as to the assertion by Defendant B and C