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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 235,856,890 and KRW 227,697,80 among them, from November 9, 2017 to September 2018.
Reasons
1. Chief;
A. The Plaintiff’s assertion 1) On December 26, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A and Defendant A to provide a credit guarantee for the amount of KRW 300,000,000 with a corporate ordinary working capital loan from the National Bank until the guarantee period for the obligation to be borne by Defendant A and Defendant A, with a loan of KRW 300,000,000,000, and issued a credit guarantee certificate to Defendant A. In addition, the Plaintiff entered into a credit guarantee agreement with Defendant A using the above credit guarantee certificate with a loan of KRW 300,00,000 from the National Bank. Upon entering into the said credit guarantee agreement, the Plaintiff agreed to pay the Plaintiff the amount of subrogation and the damages for delay from the date of payment to the date of full payment.
In addition, the agreed rate of delay damages is 15% per annum from June 1, 2005 to November 30, 2012, 12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from February 1, 2016 to June.
3) The joint and several sureties entered into a joint and several sureties agreement with the Plaintiff and the Defendant A to pay all the obligations owed to the Plaintiff in accordance with the said credit guarantee agreement. 4) The Defendant A was unable to perform the above loan obligations to the National Bank on June 16, 2017, and the Plaintiff paid the National Bank of Korea KRW 307,217,671 on November 9, 2017 on behalf of the Defendant A at the request of the National Bank.
Meanwhile, in order to preserve the claim against Defendant A, the Plaintiff recovered KRW 18,105,00 by subrogation, and acquired KRW 6,595,740,00,000 by subrogation, and Defendant A was granted credit guarantee in cases where the Plaintiff’s obligation to perform the guaranteed obligation is not cancelled due to Defendant A’s failure to perform his/her obligation to pay his/her national bank.