beta
Text
1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 103,971,650 and KRW 102,027,397 among them.
Reasons
1. Basic facts
A. On July 24, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on a fixed basis as the guaranteed amount of KRW 100,000,000, and the term of guarantee on July 23, 2015, and the Defendant Co., Ltd borrowed KRW 125,00,000 from E bank on the same day, and guaranteed the loan obligation within the scope of the guaranteed amount.
The above period of guarantee was extended on July 21, 2017.
At the time, Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed the liability for indemnity to the Plaintiff pursuant to the above credit guarantee agreement.
B. At the time of the above credit guarantee agreement, the Plaintiff agreed to pay the Plaintiff the amount of subrogation and the amount of damages for delay in the performance of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired by the performance of the guaranteed obligation, unpaid guarantee fees, delayed guarantee fees (in the event the payment of the guaranteed fee agreed by the Defendant Company was delayed, the amount calculated by multiplying the unpaid guarantee fee by 10% per annum), penalty (in the event the Defendant Company delayed the payment of the principal obligation, the amount calculated by multiplying the unpaid guarantee fee by the rate of 0.5% per annum) by the penalty (in the event that the principal obligation is delayed, the amount calculated by multiplying the guaranteed amount of the guaranteed obligation by the rate of 0.5% per annum).
C. Until July 21, 2017, Defendant Company caused a credit guarantee accident where E Bank could not pay the above loan, and the Plaintiff notified E Bank of a credit guarantee accident, on November 23, 2017, by subrogationing the E Bank with KRW 102,027,397 as the principal and interest of the loan.
On the other hand, 1,32.32. The amount that the plaintiff has not recovered out of the amount paid by the plaintiff to recover the claim for reimbursement against the defendant company.