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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. On August 2, 2007, the Plaintiff entered into a credit guarantee agreement with Defendant A (hereinafter “Defendant A”) under the joint and several guarantee of Defendant B with respect to the amount borrowed from the Bank of Korea Co., Ltd. (hereinafter “Korea Bank”), which is set out on June 29, 2012 (hereinafter “first guarantee agreement”) as the guarantee limit of KRW 10 million and the guarantee limit of KRW 10 million with respect to the amount borrowed from Korea Bank on March 24, 2009 (hereinafter “second guarantee”).
B. In each credit guarantee agreement as above, the Defendants agreed to pay damages for delay at the interest rate determined by the Plaintiff, taking into account the overdue interest rate of a financial institution within the scope determined by the Plaintiff when the Plaintiff performed the guaranteed obligation, and to reimburse the legal procedure costs incurred by the Plaintiff in relation to the preservation, transfer, exercise, etc. of the right acquired by the Plaintiff as a result of the discharge of
C. Defendant A obtained a loan of KRW 20 million in total from the Bank on two occasions via each of the credit guarantee agreements under each of the above credit guarantee agreements. Defendant A lost the benefit of time due to delay in repayment of the principal and interest on the first guarantee-related loan around December 21, 2010 and around April 1, 201, with respect to the second guarantee-related loan.
On July 14, 2011, the Plaintiff repaid 3,803,172 won and 8,406,439 won and 8,406,439 won, respectively, due to the first guarantee.
After that, the plaintiff recovered part of the amount from the defendants. As of July 14, 201, the amount of the unrefied amount is KRW 9,027,581, and overdue interest is KRW 200,155.
E. The Plaintiff shall pay damages for delay to a financial institution within the extent of 25% per annum pursuant to Article 28 of the Regional Credit Guarantee Foundation Act when it performs a guaranteed obligation.