Text
1. As to the Plaintiff, Defendant A and B jointly and severally KRW 396,817,214 and KRW 393,629,695, as to the Plaintiff.
Reasons
1. Determination as to the claim for reimbursement against Defendant A and B
A. On February 13, 2014, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Plaintiff and the principal of the credit guarantee as KRW 400,000,000, and the term of the credit guarantee until February 12, 2015 (which was extended by February 12, 2016), and obtained a loan of KRW 500,000,000 from the Industrial Bank of Korea as collateral security.
B) According to the credit guarantee agreement of this case, Defendant B, D, and E jointly and severally guaranteed the indemnity liability to be borne by Defendant A pursuant to the credit guarantee agreement of this case. (c) According to the credit guarantee agreement of this case, in the event that the Plaintiff subrogated for the obligation of the Defendant A’s loan due to an accident of guarantee, Defendant A, B, and D, and E agreed to pay to the Plaintiff the amount of subrogation and the damages for delay calculated at the rate determined by the Plaintiff from the date of subrogation (12% per annum from December 1, 2012 to January 31, 2016) and the expenses incurred in performing the guaranteed obligation
2) On May 22, 2015, Defendant A lost the benefit of time by filing an application for commencing rehabilitation procedures, thereby causing a guarantee accident regarding the instant credit guarantee agreement.
B) On June 23, 2015, the Plaintiff paid to the Industrial Bank of Korea the principal amount of KRW 400,375,985 (i.e., the principal amount of KRW 399,093,546 and interest KRW 1,282,439) in accordance with the credit guarantee agreement in this case, and paid KRW 3,185,302 at the legal procedure cost for the execution, preservation, etc. of the claim for reimbursement. C) The Plaintiff recovered KRW 6,746,290 from Defendant A to appropriate it for the partial repayment of the amount of payment by subrogation, and the amount of KRW 2,217 was incurred.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 through 8, and 13, and the purport of the whole pleading
B. According to the above facts of recognition, Defendant A and B shall be jointly and severally liable to the Plaintiff.