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1. Defendant A, Company B, C, and D are jointly and severally liable to the Plaintiff for 248,689,027 won and 246,515,537 won among them.
Reasons
1. Determination on the claim for indemnity
A. (1) On March 31, 2010, the Plaintiff concluded a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with Defendant A on the basis of a credit guarantee term of KRW 243,000,000 and a credit guarantee term of March 31, 2011 (which thereafter extends to March 29, 2013).
In accordance with the credit guarantee agreement of this case, the above Defendant borrowed KRW 243,000,000 from the Industrial Bank of Korea.
(2) According to the instant credit guarantee agreement, when the Plaintiff performed the above guaranteed obligation, Defendant A Co., Ltd. paid the amount of the guaranteed obligation to the Plaintiff, damages for delay in accordance with the ratio set by the Plaintiff, expenses incurred in the performance of guaranteed obligation, and expenses incurred in preserving, transferring, and exercising the right acquired through the performance of guaranteed obligation
(3) Defendant B, C, and D jointly and severally guaranteed all obligations owed by Defendant A to the Plaintiff pursuant to the instant credit guarantee agreement.
(4) Upon the occurrence of a credit guarantee accident on March 29, 2013 due to the delinquency in paying the principal of Defendant A, the Plaintiff subrogated for KRW 246,515,537 to the Industrial Bank of Korea on June 25, 2013.
(5) The Plaintiff spent KRW 1,317,270 of the legal procedure cost to secure the claim for reimbursement, recovered KRW 12,580 among them, and paid KRW 868,800 of the additional guarantee fee.
[Grounds for recognition] Evidence Nos. 1 through 6, the purport of the whole pleadings
B. According to the above facts of determination, Defendant A, Company B, C, and D are jointly and severally liable to the Plaintiff for the payment of KRW 248,689,027 (i.e., KRW 246,515,537 for the legal procedure cost of subrogation of KRW 1,304,69,690 for the additional guarantee fee of KRW 868,80 for the subrogated payment of KRW 246,515,537 for the amount of subrogated payment of KRW 246,537, Jun. 25, 2013, which is the date of subrogated payment, from June 25, 2013 to May 8, 2014, which is the date of final delivery of the complaint of this case, the rate of delay payment of KRW 12% per annum as determined by the Plaintiff and the date of full payment from