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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 454,584,318 and KRW 453,034,698 from May 3, 2016 to June 3, 2016.
Reasons
1. Presumed facts
A. On October 27, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the credit guarantee principal of KRW 99 million, the credit guarantee period of KRW 27, 2017 (hereinafter “instant agreement”), and entered into a credit guarantee agreement on October 27, 2014 with the credit guarantee principal of KRW 648,000,000,000, and the credit guarantee period of KRW 27, 202 (hereinafter “instant agreement”), respectively, and the Defendant B jointly and severally guaranteed each of the aforementioned agreements.
B. The Defendant Company borrowed 100 million won from the Industrial Bank of Korea in accordance with the first agreement, and 720 million won in accordance with the second agreement, but provided credit guarantee accidents due to overdue loans, etc.
C. Accordingly, the Industrial Bank of Korea demanded the Plaintiff to pay by subrogation, and the Plaintiff subrogated each of the amount of KRW 453,034,698 on May 3, 2016 (=Agreement 100,878,171, KRW 352,156,527, respectively).
In addition, the payment by subrogation that the Plaintiff may claim against the Defendants is KRW 1,549,620, and the rate of delay damages determined by the Plaintiff is 10% per annum.
[Reasons for Recognition] Confession (Article 150(3) and (1) of the Civil Procedure Act)
2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 454,584,318 (i.e., subrogated payment of KRW 453,034,69,620) and the amount of subrogated payment of KRW 453,034,698, which is the date of subrogated payment, to the Plaintiff from May 3, 2016, the date of final delivery of the complaint sought by the Plaintiff from May 13, 2016 to June 13, 2016; and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.
3. Conclusion, the Plaintiff’s claim against the Defendants is accepted on the grounds that all the claims are reasonable.