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1. The Defendants are jointly and severally and severally liable to the Plaintiff for 276,050,070 won and the period from April 10, 2019 to September 24, 2019.
Reasons
1. Indication of claim;
A. The Plaintiff is a public corporation with the purpose of export credit guarantee business, and the Plaintiff and Defendant A corporation (hereinafter “Defendant A”) are corporations with the purpose of manufacturing mobile phone vibration strawers for mobile phones, etc., and Defendant B is the representative director of Defendant A.
On November 30, 2015, Defendant A obtained a trade finance loan of KRW 300,000,000 (per September 27, 2019) from C Bank. On September 17, 2018, Defendant A entered into an export credit guarantee agreement (hereinafter “instant agreement”) with the effect that “the Plaintiff shall provide a credit guarantee (as of September 27, 2019, 200, No. 3000,000) to Defendant A’s C Bank to the extent of KRW 270,000,00,00,” and Defendant B provided a joint and several debt guarantee under the instant agreement on the same day.
B. On December 1, 2018, Defendant A Co., Ltd. lost the benefit of time by failing to pay interest on the above loan, and C Bank notified the Plaintiff of the occurrence of the accident on January 24, 2019.
On April 9, 2019, pursuant to the instant agreement, the Plaintiff subrogated to C Bank for the total amount of KRW 276,050,070 (=principal interest of KRW 270,000,000).
Article 8(2) of the Agreement provides that “In the event that the Plaintiff subrogated for the Defendant A’s obligation, the Defendant A shall pay the amount of damages for delay calculated by adding a rate of 10% per annum from the day following the due date determined by the Plaintiff to the day of full payment.”
C. The Defendants are obligated to pay to the Plaintiff 276,050,070 won for reimbursement under the instant agreement and damages for delay at each rate of 10% per annum as stipulated in the instant agreement from April 10, 2019 to September 24, 2019, the delivery date of the duplicate of the application for the instant payment order, and 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the following day to the day of full payment.
2. Article 208 of the Civil Procedure Act.