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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 21,658,189 and KRW 19,614,950 from May 29, 2003 to August 2004.
Reasons
1. Determination as to the claim against the defendant corporation and the defendant corporation
A. The claim No. 1) Defendant corporation and UBB Co., Ltd. (hereinafter “Defendant corporation”).
(2) On February 9, 2002, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and the Plaintiff with the credit guarantee principal of KRW 25,000,000, and the credit guarantee period from February 9, 2002 to February 8, 2003 (hereinafter “instant credit guarantee agreement”).
(2) On February 9, 2002, the Defendant Company received a loan of KRW 30,00,000 from our bank under the Plaintiff’s credit guarantee under the instant credit guarantee agreement. On May 29, 2003, the Plaintiff paid to our bank the principal and interest obligation of Defendant Company 26,311,319, as payment of the above guaranteed obligation, as payment of the above guaranteed obligation, by subrogation.
3) At the time of the credit guarantee agreement of this case, the Defendant Company agreed to pay the Plaintiff the amount of subrogated and the damages for delay in addition to the agreed rate set by the Plaintiff from the date of subrogated to the date of full payment. The agreement rate from May 29, 2003, which is the date of subrogated by the Plaintiff, is 18% per annum. 4) The Plaintiff received the judgment in favor of the Defendant Company on September 14, 2004 (Seoul Central District Court Decision 2004Da154913, Sept. 14, 2004) from May 29, 2003 to August 17, 2004, the amount of subrogated payment of KRW 26,311,319, and the amount of subrogated payment of KRW 26,319, respectively.
5) Therefore, the Defendant Company is obligated to pay to the Plaintiff the amount of KRW 21,658,189 (payment by subrogation 26,311,319, the unpaid amount of KRW 19,614,950) as a result of the performance of the obligation to reimburse the Plaintiff [Attachment] of the fixed delay damages of KRW 2,043,239, and the principal amount of KRW 19,614,950 as to KRW 19,614,950 from May 29, 2003 to August 17, 2004, the delay damages amounting to 20% per annum from the following day to the date of full payment.
The date of recovery shall be the initial date.