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1. The Defendants jointly and severally committed against the Plaintiff as to KRW 151,924,204 and KRW 37,794,37 among them, from February 23, 2017.
Reasons
1. Facts of recognition;
A. On August 27, 1997, the Plaintiff entered into a credit guarantee agreement with Defendant A, the guaranteed amount of KRW 45 million, and the guaranteed period of KRW 3 years, and Defendant B jointly and severally guaranteed the indemnity amount that Defendant A bears to the Plaintiff according to the said credit guarantee agreement.
B. Defendant A received a loan from No.S.C. based on the above credit guarantee contract, but failed to pay the principal and interest of the loan properly, and the Plaintiff paid KRW 59,021,948 to NACF on June 29, 2001.
C. On April 10, 2007, the Plaintiff filed a payment order with the Defendants under Gwangju District Court Net Branch 2017 tea3, and filed for payment order with the Defendants on April 10, 2007, “The Defendants jointly and severally paid to the Plaintiff 116,259,507 won and 59,021,948 won among them, 15% per annum from March 27, 2007 to the date of delivery of payment order, and 20% per annum from the next day to the date of full payment.” The above payment order was finalized on May 207.
As of February 22, 2017, the Plaintiff’s claim against the Defendants based on the amount of KRW 37,794,377, the amount of damages 114,129,827, the amount of KRW 151,924,204, and the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendants are jointly and severally liable to pay damages for delay calculated at the rate of 12% per annum from February 23, 2017 to April 15, 2017, the original copy of the instant payment order, and 12% per annum from May 27, 2017, the delivery date of the original copy of the instant payment order, and 15% per annum from the next day to the date of full payment.
3. Determination as to Defendant A’s defense, etc.
A. The defendant A is declared bankrupt and the defendant A is declared bankrupt.