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1. As to KRW 102,620,533 and KRW 101,491,123 among them, the Defendant and the Plaintiff jointly and severally with Company B and C, respectively.
Reasons
1. The facts stated in the separate sheet of the judgment on the cause of the claim are either not disputed between the parties, or acknowledged in accordance with the purport of Gap evidence Nos. 1 to 4 and all pleadings.
According to the above facts, the defendant who is a joint and several surety of the main debtor B (hereinafter "B") is jointly and severally liable to pay to the plaintiff 425,257,095 won (=101,491,491,123 substitute payment of substitute payment of KRW 493,80 substitute payment of KRW 493,80 substitute payment of KRW 635,610) and the subrogated payment of KRW 101,491,123, which is the date when the original copy of the payment order of this case was delivered to the defendant from January 25, 2017 to April 11, 2018, and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date when the payment order of this case is fully paid.
2. Judgment on the defendant's assertion
A. A. Around October 22, 2014, the Defendant: (a) transferred B’s stocks and sales rights to C; and (b) requested that the Defendant excluded the Defendant from the joint and several surety under the credit guarantee agreement; (c) but was refused by the Plaintiff; (d) as the joint and several surety period expires on October 2015, the Defendant was not excluded from the joint and several surety even though it consented to the extension thereof.
Although the plaintiff is in this situation, it is unreasonable to impose the defendant's joint and several liability.
B. As a joint and several surety guaranteed for a fixed debt whose debt is specified in the relevant legal doctrine, regardless of whether the performance period for the guaranteed debt has been extended without one’s consent (see, e.g., Supreme Court Decisions 2002Da14853, Jun. 14, 2002; 97Da2726, Apr. 25, 1997); however, the guaranteed debt is guaranteed only when the performance period for the guaranteed debt has been extended with the consent of the guarantor.