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1. Defendant A’s joint and several liability to the Plaintiff for KRW 41,43,148 and KRW 40,955,152 among the joint and several liability to the Plaintiff. From November 5, 2015 to March 12, 2016.
Reasons
1. Determination as to the claim against Defendant A
A. 1) On October 24, 201, the Plaintiff entered into a credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) with Defendant A with the coverage of KRW 45,000,000 (the amount shall be changed to KRW 40,500,000) and the term of guarantee on October 23, 2012 (the extension to October 23, 2015 thereafter) (hereinafter referred to as the “credit guarantee agreement of this case”).
(2) At the time of the above credit guarantee agreement, Defendant A concluded a loan on the same day with the guarantee issued by the Plaintiff as security. At the time of the above credit guarantee agreement, Defendant A agreed to reimburse the amount of the performance of the guaranteed obligation when the Plaintiff performed the guaranteed obligation, damages for delay in accordance with the interest rate determined by the Plaintiff from the date of the performance of the guaranteed obligation to the date of the full payment of the guaranteed obligation, damages for delay, guarantee fee, penalty
3) Defendant A operated a business with the trade name of “C”. On May 28, 2015, the occurrence of a credit guarantee accident, which would lose the benefit of time due to the provisional attachment of the business, occurred. On November 5, 2015, the Plaintiff subrogated to the Bank for the total of KRW 40,95,152 (i.e., the principal and interest amount of KRW 40,50,000) (i.e., KRW 455,152) (i., the principal and interest amount of KRW 40,50,000). (ii) The overdue interest rate determined by the Plaintiff as of the date of subrogation is 12%, and penalty was 26,630, and legal procedure expenses were 451,366.
[Grounds for Recognition] Judicial Confession
B. According to the above facts of determination, Defendant A is obligated to pay to the Plaintiff the amount of KRW 41,43,148 (i.e., KRW 40,95,152 for liquidated damages of KRW 26,630 for liquidated damages of KRW 451,366 for the legal procedure expenses of subrogated amount of KRW 40,95,152 for the amount of subrogated payment of KRW 40,95,152 for the amount of KRW 40,95,152 for the amount of subrogated payment from November 5, 2015 to March 12, 2016, the delivery date of a copy of a complaint, the agreed rate of KRW 12% for each year from March 12, 2016, and damages for delay calculated by
2. Determination as to the claim against the defendant B
A. 1) The Defendant A’s disposal of the property and the occurrence of the preserved claim is proved by the evidence No. 6.