Text
1. The defendant is jointly and severally with the non-party C Co., Ltd. for KRW 101,260,875 and KRW 101,258,348 among them.
Reasons
1. Facts that the defendant does not clearly dispute
A. On May 20, 2014, the Plaintiff’s credit guarantee agreement and the Defendant’s joint and several sureties Co., Ltd. (the payment order confirmation, the non-party company (the non-party company) entered into a credit guarantee agreement under the following conditions, setting the principal of the guaranteed principal as KRW 100,000,000, May 20, 2015, and the guarantee number E (the extension of the guarantee term until May 19, 2017). The Defendant jointly and severally guaranteed the non-party company’s obligation under the credit guarantee agreement.
(b) Terms and conditions of a credit guarantee agreement 1) When the principal obligor and the joint guarantor are requested to discharge the guaranteed obligation from the lending bank (including loss of the benefit of time) by reason of failure to discharge the principal obligation within the due date, etc. and the obligee’s Fund discharge the guaranteed obligation, they shall reimburse the above bank for the amount of the discharge of the guaranteed obligation and the amount of damages calculated in accordance with the rate and calculation method as determined by the obligee from the date of performance to the date of repayment. 2) The principal obligor and the joint guarantor shall reimburse all the expenses paid in subrogation by the obligee in relation to the insurance premium paid by the obligee
C. A guarantee accident and subrogation (1) Nonparty Company provided a guarantee certificate issued by the Plaintiff as security, and borrowed KRW 100,000,000 from the two cancer branches of the D Bank, but the said bank notified the Plaintiff of the guarantee accident on May 19, 2017. (2) Upon request of the D Bank’s subrogation, the Plaintiff: (a) collected KRW 318,090 after subrogated to the D Bank for KRW 101,576,438 on August 11, 2017; and (b) collected KRW 2,527 for final damages.
3) The rate of damages for delay determined by the Plaintiff is 10% per annum from the date of subrogation. According to the above fact-finding facts, the Defendant, a joint guarantor, jointly and severally with the primary debtor, is 101,260,875 won (=101,576.)