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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 41,040,247 and KRW 36,821,589 among the Defendants.
Reasons
1. The following facts are deemed to have been led by the Defendants pursuant to Article 150(1) and (3) of the Civil Procedure Act.
A. On May 9, 2011, the Plaintiff entered into a credit guarantee agreement between Defendant A Co., Ltd. (trade name before the alteration: C; hereinafter “Defendant Company”) and the Defendant Company’s 80,000,000 won guaranteed principal amount to be loaned from Samsung T&T branch, with the period from May 9, 201 to May 8, 2012.
At the time of the above credit guarantee agreement, the Defendant Company agreed to pay to the Plaintiff the amount of subrogated by the obligee, ② the amount calculated by multiplying the amount of subrogated by the obligee from the date of subrogation to the date of repayment of the indemnity obligation by the rate prescribed by Article 35 of the Credit Guarantee Fund Act (12% per annum from December 1, 2012 to January 31, 2016, and up to 10% per annum from the next day to the next day). ③ If the primary obligation is not extinguished due, the penalty shall be paid at the rate from the day following the day when the primary obligation is to be discharged to the day before the date when the principal obligation is to be discharged, ④ the amount paid to compensate for
At the time, Defendant B, the representative director of the defendant company, guaranteed the above credit guarantee agreement.
B. A credit guarantee accident occurred because the Defendant Company received a loan from a national bank and did not perform its obligation, and the Plaintiff received a request for performance of guaranteed obligation from a national bank. On September 30, 2013, the Plaintiff subrogated for KRW 72,821,589 to the national bank.
C. On October 8, 2013, the Plaintiff entered into an agreement on installment repayment with the content that the installment repayment contract becomes effective without notice or peremptory notice when three months have elapsed without paying the installment repayment on the same day, including KRW 73,274,561 of the amount of the indemnity obligation at the time, KRW 73,037,061 of the amount of the indemnity obligation at the time, KRW 73,400,061 of the amount of the initial payment at the same time, KRW 1.1 million per month from the following day.
Defendant.