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1. Defendant A, B, and C are jointly and severally liable for KRW 972,230,268 and KRW 972,101,621 among them. From October 31, 2012.
Reasons
1. Basic facts
A. On October 13, 2008, the Plaintiff entered into a credit guarantee agreement with Defendant A to guarantee the repayment of loans from a national bank upon the request of Defendant A (hereinafter “Defendant A”), with the credit guarantee principal of KRW 195,50,000, and the credit guarantee period from October 13, 2008 to October 12, 2009 (hereinafter “instant credit guarantee agreement”), and issued to Defendant A a credit guarantee agreement (hereinafter “instant credit guarantee agreement”), and the Defendant A received loans from the national bank.
Since then, the first credit guarantee agreement of this case was amended to October 12, 2012 by the credit guarantee principal of KRW 152,00,000, and the credit guarantee period of this case.
B. On May 16, 201, the Plaintiff entered into a credit guarantee agreement with Defendant A to guarantee the repayment of loans from a national bank, including KRW 1,000,000,000, and the credit guarantee agreement from May 16, 201 to May 15, 2012 (hereinafter “instant credit guarantee agreement”) (hereinafter “instant credit guarantee agreement”) and the credit guarantee agreement was issued to Defendant A, and the Defendant obtained a loan from the national bank after submitting the said credit guarantee agreement.
Since then, the 2nd credit guarantee agreement of this case was amended to May 16, 2013.
C. According to each credit guarantee agreement of this case, when the plaintiff performed the guaranteed obligation, the defendant A shall pay the amount of the performance of the guaranteed obligation to the plaintiff and the amount of damages, penalty, etc. in proportion to the rate applied by the plaintiff to the plaintiff, and the defendant B and C shall jointly and severally guarantee the above indemnity obligation against the plaintiff.
On the other hand, the plaintiff set the interest rate on the damages of the claim for reimbursement due to subrogation from June 1, 2005 to the date of 15% per annum.
In August 10, 2012, Defendant A has the benefit of time due to the natural body of the debt owed to the National Bank.