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1. The Defendant is jointly and severally and severally with the Plaintiff as to KRW 27,009,438 and KRW 23,731,683 among them, from October 22, 2014 to October 22, 2014.
Reasons
1. Basic facts
A. On June 29, 2006, the Plaintiff concluded a credit guarantee agreement with the credit guarantee agreement with the amount of KRW 11,000,000 with respect to the principal and interest of loan to be borne by the loan from the Gyeongnam National Agricultural Cooperative (hereinafter “Seoul Agricultural Cooperative”) for the principal and interest of loan to be borne by the Plaintiff.
The Defendant jointly and severally guaranteed the obligation owed by B to the Plaintiff according to each credit guarantee agreement as above.
Meanwhile, at the time of each credit guarantee agreement, the Plaintiff and B agreed to pay the Plaintiff the amount of subrogated payment, damages for delay in accordance with the interest rate determined by the Plaintiff, and all incidental obligations, such as penalty, guarantee fee, and fine for negligence, in the event that the Plaintiff fulfills the credit guarantee obligation due to the occurrence of a credit guarantee accident.
B. B on June 29, 2006, based on each credit guarantee certificate issued in accordance with the above credit guarantee agreement, borrowed 29,800,000 won and 11,000,000 won from one another.
B If the Plaintiff did not repay each of the above loans, the Plaintiff paid each of the above loans by subrogation to the GFFF on October 30, 2013 as principal and interest of each of the above loans, and the amount of KRW 4,026,00 on November 29, 2013.
C. As of October 21, 2014, the Plaintiff’s claim for indemnity against B is KRW 23,731,683 (=19,705,683 +4,026,00) in subrogation, 33,00 won in multi-level expenses, delay damages, 2,737,872 won in delay, attempted guarantee fees, penalty, penalty, and administrative fine 506,883 won in total (27,009,438 won in 23,731,683 + 33,000 + 2,737,872 won + 506,83 won in ＋83 won in total).
[Ground of recognition] The evidence Nos. 1 through 3, 9, and 10-1, 2, 11, and 12-1 to 3, 15-1, 3, 5, 27-4, 6-2-6, 95-16 of the evidence Nos. 95-2, 1, 2-1, 2-2 of the evidence Nos. 1, 12-2, and 27-4, and 62-6 of the evidence Nos. 95-2, 1, 2-1, and 2 of the whole pleadings are based on the seals with the defendant. Thus, the documents Nos. 1, 2-1, and 2 are all documents.