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1. As to the Plaintiff, Defendant A and B jointly and severally KRW 232,712,625 and KRW 232,712,28 among them, from September 27, 2013 to September 2014.
Reasons
1. Basic facts
A. The Plaintiff’s credit guarantee (1) concluded a credit guarantee agreement on December 9, 2010 with respect to KRW 229,500,000 out of KRW 270,000,00 that Defendant A would receive a loan from Han Bank, and Defendant B jointly and severally guaranteed the said credit guarantee.
(2) The term of guarantee under the said credit guarantee contract was respectively amended on December 7, 2012 and December 6, 2012, respectively.
(3) In the event that Defendant A’s principal obligation was not fulfilled and the Plaintiff performed the guaranteed obligation, Defendant A agreed to pay ① the amount paid by the Plaintiff to discharge the guaranteed obligation and damages for delay calculated by the rate set by the Plaintiff from the date of performance to the date of full payment; ② In the event that the obligation of loans is not performed within the given period, Defendant A agreed to pay the penalty at the rate calculated by adding 0.5% to the fixed guarantee rate from the date following the date of performance of the obligation of loans to the amount of the obligation not performed within the given period until the
(4) The rate of damages for delay determined by the Plaintiff in the above credit guarantee agreement is 12% per annum from December 1, 2012 to the date.
B. (1) Upon the Plaintiff’s occurrence of the Plaintiff’s credit, Defendant A had been in default due to the lapse of the maturity and delinquency on June 16, 2013. On July 15, 2013, one bank requested the Plaintiff to discharge the guaranteed obligation, and the Plaintiff subrogated KRW 233,364,93 to the Han Bank on September 27, 2013.
(2) On September 27, 2013, the Plaintiff recovered KRW 652,645, totaling KRW 652,645,00 on October 24, 2013 and KRW 652,712,288, and the amount of subrogated amount recovered is KRW 652,645, the amount of damages for final delay calculated at the Plaintiff’s delay damages rate from the date of subrogated to the date of recovery (=209 won (=638,705 won x 1/365 x 0.12) x 128 won (i.e., from September 27, 2013 to October 24, 2013) x 337 won (i.e., the amount of subrogated payment) calculated at the Plaintiff’s delay damages rate from the date of subrogated to the date of recovery.
C. Defendant B’s act of disposing of property.