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1. Defendant A Co., Ltd, B, C, and D are jointly and severally liable to the Plaintiff for KRW 133,261,88 and KRW 132,760,650 among them.
Reasons
1. Basic facts
A. On January 27, 2006, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) by setting the guarantee number F, the guaranteed principal amount of KRW 170,000,00 (130,815,000 after the alteration), the guarantee period from January 27, 2006 to January 26, 2007 (20,000 after the alteration), the Defendant B, C, and D, a joint and several surety, to guarantee the obligation to repay the principal and interest to be borne by obtaining a loan from the Industrial Bank of Korea.
B. According to the instant credit guarantee agreement, when the Plaintiff performed the above guaranteed obligation, the Defendant Company, B, C, and D paid the amount subrogated by the Plaintiff, damages incurred after the date of performance, and the legal procedure costs incurred by the delay. The rate of damages for delay is 17% per annum from December 30, 1996 to December 1, 2010, and 14% per annum from the next day to December. 1, 201.
C. On February 28, 2014, the Defendant Company lost its interest due to delayed payment of principal and did not repay the principal and interest of the loan. The Industrial Bank of Korea submitted a credit guarantee accident notice to the Plaintiff pursuant to the credit guarantee agreement in subrogation of the Defendant Company. On May 20, 2014, the Plaintiff repaid KRW 133,746,510 as the principal and interest of the loan under credit guarantee to the Industrial Bank of Korea.
The Plaintiff collected KRW 985,860 out of the above subrogated amount of KRW 133,746,510 and recovered the remaining subrogated amount of KRW 132,760,650 (=13,746,510 - KRW 985,860).
The amount of final and conclusive damages incurred by the Plaintiff by recovering the said KRW 985,860 is 378 won [=985,860 won x 14% x 1 day (from May 20, 2014 to May 20, 2014)/365 days];
The balance of the legal procedure cost that the plaintiff paid in delay to secure the claim for reimbursement against the defendant company is KRW 500,860.
E. On February 4, 2014, Defendant D sold real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant E (hereinafter “instant sales contract”).