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1. The Defendants jointly and severally liable to the Plaintiff for KRW 27,629,112 and KRW 26,945,854 among them, Defendant A shall be jointly and severally liable to the Plaintiff on December 11, 2014.
Reasons
1. Facts of recognition;
A. (1) Defendant A entered into a credit guarantee agreement with the Plaintiff on March 28, 2013 (hereinafter “instant credit guarantee agreement”) under the credit guarantee agreement between March 28, 2013 and March 27, 2018 between the Plaintiff and the period of the credit guarantee (hereinafter “instant credit guarantee agreement”).
(2) On March 28, 2013, Defendant A entered into a credit guarantee agreement and 30,000,000 won was loaned from the new bank (hereinafter “new bank”) which was issued by the Plaintiff pursuant to the credit guarantee agreement of this case.
B. Defendant A by subrogation of the Plaintiff
(2) As to the delay in the principal of the loan stated in paragraph (2), the Plaintiff paid 27,943,714 won to the new bank on December 11, 2014 (i.e., the principal amount of KRW 27,500,000) (i.e., KRW 443,714). C. The Plaintiff recovered KRW 97,860 out of the amount of subrogation stated in the aforementioned paragraph (b) on December 11, 2014, and the amount of final damages is KRW 328. D. The Plaintiff spent KRW 682,930 for the preservation of the Defendants’ claim for reimbursement against the Defendants (i.e., KRW 180,830, Jan. 27, 2015).
2. According to the above facts of determination, the defendants jointly and severally committed against the plaintiff 27,629,112 won (27,943,714 won by subrogation - 328 won by substitute payment of 997,860 won by substitute payment of 328 won by subrogation) and 26,945,854 won among them (=27,943,714 won by subrogation - recovered amount of 997,860 won by subrogation). From December 11, 2014, the date of delivery of a copy of the complaint of this case against the above defendant from December 5, 2015 to July 5, 2015, the agreement rate of 12% per annum, which is the date of delivery of a copy of the complaint of this case by subrogation, and from the next day to the date of full payment, the damages for delay by the defendant B calculated at the rate of 20% per annum, which is a special case concerning the promotion of litigation, etc. by subrogation.