beta
Text
1. As to Defendant A, B, C, and D’s joint and several liability amounting to KRW 200,529,080 and KRW 200,000 among them, respectively.
Reasons
1. There is no dispute between the parties to the facts of recognition, or according to the statements in Gap evidence 1 to 10, the following facts are recognized:
A. On May 16, 2013, the Plaintiff entered into a payment guarantee agreement between Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and Hyundai Steel Co., Ltd. on April 17, 2009, with respect to the portion equivalent to the principal out of the total amount of the goods except for delay damages or agreed interest from May 17, 2012 to May 16, 2013, and the portion equivalent to the principal out of the total amount of the goods except for delay damages or agreed interest from May 17, 2012 to May 16, 2013, and ② a payment guarantee agreement (hereinafter “instant payment guarantee agreement”).
B. Defendant B, C, D, and net F (Death on August 5, 2014) jointly and severally guaranteed the indemnity liability owed by the Defendant Company to the Plaintiff on May 16, 2013 pursuant to the payment guarantee agreement of the said Promissory Notes.
C. The Defendant Company caused a credit guarantee accident, and the Plaintiff subrogated to Hyundai Steel Co., Ltd. for KRW 200,000,000 on July 10, 2014 in accordance with the said payment guarantee agreement.
Upon entering into the instant payment guarantee agreement, the Defendant Company agreed to pay the Plaintiff expenses incurred in the execution, preservation, exercise, and legal procedures of the claim. On April 30, 2014, the remaining money remaining after deducting some of the expenses incurred in provisional attachment of Defendant B, C, and D, a joint and several surety, is KRW 529,080.
E. In entering into the instant payment guarantee agreement, when the Plaintiff performed the guaranteed obligation, the Defendant Company agreed to pay damages at the rate determined by the Plaintiff based on the amount of the agreement and the applicable law order. The damages rate determined by the Plaintiff is 12% per annum from July 1, 2013.
(f)the heir of any first to fourth rank following the death of F.