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1. Defendant A, B, and C jointly and severally against the Plaintiff KRW 243,051,226 and KRW 171,117,423 among them.
Reasons
1. Basic facts
A. On April 17, 2002, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to provide a credit guarantee under the issuance of a credit guarantee certificate, a bill guarantee, or other methods of debt guarantee in accordance with the details of the principal obligation borne by the Defendant Co., Ltd. from April 17, 2002 to April 10, 2003, with the guarantee amount of KRW 250,000,000, and the guarantee period of the principal obligation borne by the Defendant Co., Ltd... (hereinafter “Defendant Co., Ltd.).
Nonparty E, F, Defendant B, and C have jointly and severally liable with the Defendant Company, the primary debtor, for all obligations to be borne by the Defendant Company under the above credit guarantee agreement.
B. The Defendant Company delivered a bill to secure the price of goods in the course of trading goods with Pungsan Co., Ltd., and the Plaintiff guaranteed the payment of the bill in accordance with the above credit guarantee agreement.
C. On July 2, 2002, the current account bill issued by the Defendant Company was defaulted and a credit guarantee accident occurred. On May 7, 2003, the Plaintiff subrogated 250,000,000 won to Pungsan Co., Ltd., the creditor of the Defendant Company on behalf of the Plaintiff on behalf of the Plaintiff.
According to the above credit guarantee agreement, when the plaintiff performed the guaranteed obligation, the debtor and the joint guarantor agreed to pay damages according to the rate determined by the plaintiff based on the credit guarantee fund, the Enforcement Decree of the Credit Guarantee Fund Act, the plaintiff's operating manual, and the credit guarantee.
The rate of damages for delay determined by the Plaintiff is 18% per annum.
E. The Defendants paid the Plaintiff the claim preservation expenses (the payment by subrogation) incurred by the Plaintiff pursuant to the above credit guarantee agreement, and the Plaintiff paid KRW 442,510 in total to the Plaintiff.
F. The Defendants paid the penalty to the Plaintiff in accordance with the above credit guarantee agreement, and the sum of the penalty is 267.