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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 120,173,885 and KRW 120,173,583 of the said money. From December 19, 2014, Defendant A and B shall be jointly and severally filed with the Plaintiff.
Reasons
1. Basic facts
A. On June 12, 2009, the Plaintiff concluded a credit guarantee agreement with E on June 11, 201, setting the credit guarantee principal of KRW 50,000,000, and the credit guarantee term as of June 11, 2010 (hereinafter “credit guarantee agreement”).
(2) On June 11, 2010, Defendant B provided a loan of KRW 50,000,000 from the Industrial Bank of Korea on June 28, 2010 to the Plaintiff in relation to the first credit guarantee agreement, and Defendant B provided a credit guarantee agreement between E and E on June 11, 2010 (hereinafter “second credit guarantee agreement”), and E obtained a loan of KRW 100,00,000 from the Industrial Bank of Korea on June 11, 2010.
3) After the death of E, Defendant A became the primary debtor of the instant credit guarantee agreement due to the assumption of an obligation on February 3, 2012, and Defendant B jointly and severally guaranteed all the obligations that Defendant A owes to the Plaintiff with respect to the 2 credit guarantee agreement at the time of the said assumption of obligation. 4) The respective credit guarantee term of the 1 and 2 credit guarantee agreement was changed to June 5, 2015, and the principal of the 1 credit guarantee agreement was changed to KRW 45,00,000.
5) According to the above credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, the primary debtor and the joint guarantor shall be the Plaintiff: ① the amount of performance of the guaranteed obligation; ② the amount calculated by the rate prescribed by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment of the guaranteed obligation.
(B) The Plaintiff shall pay damages for delay calculated at the rate determined by the Plaintiff from the date of payment of the expenses for each of the above expenses to the date of reimbursement. (B) Defendant A lost the benefit of time due to the occurrence of a credit guarantee accident on October 7, 2014. The Plaintiff made payment by subrogation of KRW 121,094,113 to the Industrial Bank of Korea on December 19, 2014.