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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 100,867,123 and KRW 100,428,141 among them.
Reasons
1. Facts of recognition;
A. On August 22, 2013 and April 18, 2014, the Plaintiff guaranteed a total amount of KRW 99,50,000,000, and the term of guarantee on August 20, 2014 and April 18, 2017, with respect to the principal and interest of loans to Defendant Company B (hereinafter “Defendant Company”) and D Bank and E Bank. The Defendant Company agreed to pay the amount of the guaranteed debt and the amount of damages incurred by the Plaintiff at the rate of damages (10%) as determined by the Plaintiff’s execution and preservation of the Plaintiff’s claim, exercise, and legal procedures (hereinafter “instant guarantee agreement”) and the Defendant C jointly and severally guaranteed the indemnity liability based on the instant guarantee agreement.
B. Under the instant guarantee agreement, the Defendant Company received a loan of KRW 120,000,000 from the D Bank and E Bank, but did not repay the loan thereafter, the Plaintiff paid the Plaintiff a total of KRW 100,428,141 on May 29, 2018.
C. Meanwhile, penalty arising under the instant guarantee agreement is KRW 120,300, and legal procedural costs are KRW 318,682.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7 (including paper numbers), the purport of the whole pleadings
2. If so, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 100,867,123 (the amount of subrogated payment of KRW 100,428,141 plus KRW 318,682) and the amount of subrogated payment of KRW 100,428,141 among them, the Defendants are jointly and severally liable to pay to the Plaintiff 100,867,123 (the amount of subrogated payment of KRW 120,300 and the amount of subrogated payment of KRW 100,428,141) with the rate of 10% per annum from May 29, 2018 to February 13, 2019, the date of the final delivery of the instant complaint, and the amount of delay damages by 15% per annum
In this regard, Defendant C is in the process of bankruptcy and immunity for itself, and thus, the Plaintiff’s claim is unreasonable. However, there is no evidence to acknowledge that immunity has become final and conclusive before the closing of the argument in this case.