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1. As to the Plaintiff, Defendant A and B jointly and severally KRW 885,609,233 and KRW 154,322,202 among them, Defendant A and B shall be jointly and severally liable for payment of KRW 885,609,233.
Reasons
1. Basic facts
A. On December 24, 2008, the Plaintiff entered into a credit guarantee agreement with Defendant A on December 24, 2008 with respect to a corporate general loan obligation of KRW 450 million against Defendant A’s National Bank, KRW 360 million against the same bank on January 8, 2009, and KRW 160 million against the Industrial Bank of Korea on December 22, 2009.
B. Each credit guarantee agreement includes a provision that Defendant A shall pay to the Plaintiff the amount of subrogated payment, delay damages by 12% per annum, additional guarantee fees, and the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation. Defendant B jointly and severally guaranteed this provision.
C. Defendant A secured a credit guarantee letter issued by the Plaintiff pursuant to the said credit guarantee agreement, 50 million won at the National Bank on December 29, 2008, 400 million won at the National Bank on January 28, 2009, and 200 million won at the Industrial Bank of Korea on December 24, 2009, but began to delay interest on October 20, 2014.
The Plaintiff received the notification of the occurrence of a credit guarantee accident from the above banks, and repaid KRW 154,322,202 to the Industrial Bank of Korea on March 23, 2015, and KRW 723,729,301 to the National Bank on March 24, 2015.
Pursuant to each credit guarantee agreement above, the amount of debt to be paid by Defendant A to the Plaintiff is 885,609,233 won (=878,051,503 won (=154,322,202 won) additional guarantee fee of KRW 723,729,301), 3,075,90 for legal procedure expenses of KRW 4,481,830).
【Fact that there is no dispute over the ground for recognition (including evidence Nos. A, B), A’s evidence Nos. 1 through 6 (including paper numbers), the purport of the whole pleadings
2. According to the above facts as to the claims against Defendant A and B, Defendant A and B, jointly and severally, pursuant to a credit guarantee agreement, jointly and severally against the Plaintiff for KRW 885,609,233 and the subrogation payment for the Industrial Bank of Korea for KRW 154,32,202, the date of subrogation, from March 23, 2015, and from March 23, 2015, 723,729.