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1. The Defendant shall jointly and severally with the Plaintiff KRW 55,533,365 as well as the Plaintiff from January 10, 2018 to February 7, 2018.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff entered into a credit guarantee agreement with B Co., Ltd. (hereinafter “Nonindicted Company”) in order to secure the payment of the debt for corporate driving funds borrowed from a national bank (hereinafter “instant credit guarantee agreement”), and the Defendant, the representative director of the sub-committee, jointly and severally guaranteed the non-party company’s liability for indemnity against the Plaintiff according to the instant credit guarantee agreement. On June 30, 2015, the joint and several surety of the loan bank for the guarantee period (the first extension) guarantee period (the second extension), the guarantee period (the second extension), the guarantee period (the second extension), and the guarantee period (the second extension), the national bank Defendant 2, June 29, 2020, borrowed KRW 100,000 from the national bank pursuant to the credit guarantee certificate issued by the Plaintiff pursuant to the instant credit guarantee agreement.
B. On September 25, 2017, when a guarantee accident occurred due to the overdue payment of the principal of the non-party company, the Plaintiff repaid to the National Bank the sum of KRW 5,415,589 (i.e., principal and interest of KRW 55,415,589 (= interest of KRW 54,633,744) on January 10, 2018.
On the other hand, the plaintiff paid expenses for preserving the above principal and interest of loan and collected some of them and disbursed 117,776 won. The principal and interest of the amount of indemnity under the credit guarantee contract of this case are 5,533,365 won (= 55,415,589 won).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-6, the purport of the whole pleadings
2. The assertion and judgment
A. Comprehensively taking account of the facts acknowledged prior to the determination as to the cause of the claim, the Defendant is jointly and severally liable to pay the Plaintiff the sum of KRW 55,533,365, and the damages for delay calculated by the rate of 10% per annum under the agreement from January 10, 2018, which is the date of delivery of the complaint, to February 7, 2018, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of payment.
B. The defendant's assertion is determined by the defendant's employee at the time of the credit guarantee contract of this case.