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1. Defendant A and B jointly and severally agreed with the Plaintiff as to KRW 61,508,626 and KRW 60,638,496 among them.
Reasons
1. Facts of recognition;
A. On May 6, 2011, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and with respect to the obligation of loans that the Defendant Co., Ltd. will receive from the new bank (hereinafter “new bank”), setting the guaranteed amount as KRW 100 million and the term of guarantee up to May 6, 2016, and Defendant B jointly and severally guaranteed all the obligation that the Defendant Co., Ltd bears to the Plaintiff pursuant to the said agreement at the time of entering into the said credit guarantee agreement.
B. According to the above credit guarantee agreement, where the Plaintiff fulfilled the guaranteed obligation, the Defendant Company shall pay the Plaintiff the amount of the guaranteed obligation, damages for delay calculated at the rate of 15% per annum from the date of the performance of the guaranteed obligation to the date of full payment, and expenses incurred in legal procedures for the execution and preservation of claims. 2) When the Defendant Company violated the obligation to perform the principal obligation, the Defendant Company may compensate for the amount guaranteed by the Plaintiff without any separate notice or peremptory notice to Defendant B, the Defendant Company and the joint guarantor, for the occurrence of reasons for registration of overdue information payment (including substitute payment) information related to financial order information, and public record information.
C. On May 6, 201, Defendant Company submitted a letter of credit guarantee issued by the credit guarantee agreement as above, and was given a loan by setting the maturity of KRW 100 million from the new bank as May 6, 2016.
Since then, around January 7, 2014, Defendant Company lost its interest due to delinquency in payment of principal, and on June 2, 2014, the Plaintiff paid 870,130,000 won to the new bank for the total of 61,364,766 won of principal and interest of the loan (the principal amount of KRW 60,416,657, interest of KRW 948,109) on behalf of the new bank (the principal amount of KRW 60,416,657), recovered KRW 726,270 on the same day.
E. Defendant B.