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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 203,084,988 and KRW 202,158,290 among the Defendants.
Reasons
1. Indication of claim;
A. On March 6, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to guarantee the Plaintiff’s obligation owed by the Defendant Co., Ltd. as of March 6, 2014 (hereinafter “instant credit guarantee agreement”) and provided a credit guarantee for KRW 200,000,000,00 that the Defendant Co., Ltd. borrowed from the Industrial Bank of Korea (hereinafter “the Bank”), based on the said credit guarantee agreement.
According to the credit guarantee agreement of this case, when the plaintiff performs the guaranteed obligation, the defendant company shall pay to the plaintiff the amount of performance of the guaranteed obligation, and damages for delay based on the rate of delay damages determined by the plaintiff after the date of performance of the guaranteed obligation, additional guarantee fees, expenses incurred in legal proceedings for the execution, preservation
Defendant B jointly and severally guaranteed the Defendant Company’s indemnity liability against the Plaintiff under the instant credit guarantee agreement.
B. On January 23, 2014, the Industrial Bank of Korea notified the Plaintiff of a credit guarantee accident due to a credit guarantee loss. On March 12, 2014, the Plaintiff subrogated for KRW 202,158,290 of the principal and interest of loans on March 12, 2014, paid KRW 904,788 as legal procedure expenses for preserving the claim for reimbursement, and the additional guarantee fees are KRW 21,910.
C. Therefore, Defendant B, a principal debtor of the instant credit guarantee agreement, and joint and several surety, jointly performing the obligation under the credit guarantee of the instant case, is a claim such as reimbursement amount of KRW 203,084,988 (=legal procedure cost of KRW 21,910 additional guarantee fee of KRW 202,158,290), and among them, KRW 202,158,290, the date of subrogation, from March 12, 2014 until March 31, 2015, which is the final delivery date of the copy of the complaint of the instant case, and KRW 12% per annum under the agreement from March 31, 2015 until the date of full payment.