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1. Defendant A, B, and C jointly and severally liable to the Plaintiff for KRW 2,119,189,11 and KRW 595,750,301 among them.
Reasons
1. Claim for reimbursement against Defendant A (hereinafter “Defendant Company”), B, and C
A. On April 22, 2009, the Plaintiff entered into a credit guarantee agreement with the Defendant Company with the limit amounting to 2.5 billion won, and the transaction period from April 23, 2009 to April 22, 2011. Accordingly, on April 22, 2009, the Plaintiff set the first credit guarantee agreement as of April 23, 201 and issued a second credit guarantee agreement with the Defendant Company with the term of April 26, 201, setting the first credit guarantee agreement as of April 23, 2009, as of April 27, 2009, as of April 27, 2009, as of April 26, 2010, the Defendant Company borrowed the first credit guarantee agreement from the Nonghyup Bank as collateral, and the second credit guarantee agreement from an enterprise bank as a collateral.
3) As the Defendant Company delayed payment of interest after January 22, 2014, the Nonghyup Bank notified the Plaintiff of a credit guarantee accident. On June 12, 2014, the Plaintiff subrogated to the Nonghyup Bank for KRW 608,554,80, and KRW 1,514,649,410 on June 25, 2014, respectively. (4) The sum of the amount of subrogated payments, etc. not recovered by the Plaintiff as of the date of closing the argument in the instant case is KRW 2,19,189,111 (= KRW 59,75,750,301, KRW 58,935, KRW 2 credit guarantee of KRW 1,514,649, KRW 410, KRW 16,196, KRW 942, KRW 7,466,477). The annual rate of delay is 12% per annum under the agreement.
[Ground of recognition] Unsatisfy, entry of Gap 1 through 9, purport of the whole pleadings
B. According to the facts seen earlier, Defendant Company, Defendant B, and C are jointly and severally obligated to pay to the Plaintiff KRW 2,19,189,11 and KRW 595,750,301 of the remainder of the subrogated payment under the first credit guarantee; KRW 1,514,649,410 of the subrogated payment under the second credit guarantee; from June 12, 2014 until June 11, 2015, the agreed delay rate of KRW 12% per annum from June 11, 2015, the delivery date of the duplicate of each complaint of this case, to September 30, 2015; and KRW 20% per annum from June 12, 2015 to September 10, 2015; and KRW 15% per annum from October 1, 2015 to the full payment date.
2. On the claim for the revocation of a fraudulent act.