1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 34,694,187 and KRW 34,694,029 from October 1, 2014 to April 1, 2015.

1. Basic facts

A. On May 24, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) under which the Defendant Company entered into a credit guarantee agreement with the term of May 23, 2018, stipulating the guaranteed amount of KRW 40 million, and the guarantee period as of May 23, 2018.

B. In the above credit guarantee contract, where the Plaintiff fulfilled the guaranteed obligation, the Defendant Company agreed to pay the amount of the performance, delay damages in accordance with the interest rate determined by the Plaintiff, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the Plaintiff’s right acquired through the performance of the guaranteed obligation, and the rate of delay damages to be applied to the above case is 12% per annum from December 1, 2012

C. Defendant B guaranteed the Defendant Company’s obligation to the Plaintiff according to the above credit guarantee contract.

After all, the defendant company's failure to pay interest on the loans to the Korea Development Bank, and the Korea Development Bank notified the plaintiff of a credit guarantee accident and subrogated the plaintiff to the Korea Development Bank for KRW 35,177,279 ( principal KRW 34,96,000) on October 1, 2014, KRW 483,250 on the same day by subrogation. The amount of KRW 483,250 on the same day collected KRW 483,250 on the same day and appropriated the amount for subrogation for the payment by subrogation, and the amount of the remainder for subrogation is KRW 34,69,029, KRW 158.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Determination:

A. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally pay to the Plaintiff 34,694,187 won (the amount of subrogated reimbursement of KRW 34,694,029 plus KRW 158 won) and the amount of subrogated payment of KRW 34,694,029, whichever is the date of subrogation, to the Defendants from October 1, 2014 to April 24, 2015, the agreed delay damages rate of KRW 12% per annum, which is the rate of delay damages, and the amount of delay damages calculated at the rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.