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1. As to Defendant A and B’s joint and several liability for KRW 135,477,581 as well as KRW 134,620,51 as to the Plaintiff.
Reasons
Basic Facts
Defendant A Co., Ltd. (hereinafter “Defendant Company”) and Plaintiff B’s debt 1) on April 23, 2014, the Plaintiff concluded a credit guarantee agreement between the Defendant Company and the Defendant Company, ① KRW 90 million of the guaranteed principal, and April 23, 2015 of the guaranteed term (hereinafter “instant credit guarantee agreement”).
A) B, ② Credit Guarantee Agreement (hereinafter referred to as the “Credit Guarantee Agreement”) up to April 23, 2015, which is the principal of the Guarantee, KRW 42.5 million, and the term of the Guarantee (hereinafter referred to as the “Credit Guarantee Agreement”).
(2) Each of the instant credit guarantee agreements (hereinafter “each of the instant credit guarantee agreements”) provides that the Plaintiff shall pay the amount of subrogation, delayed damages, and expenses incurred in legal proceedings to exercise the Plaintiff’s claim (hereinafter “amount paid by subrogation”) to the Plaintiff when the Plaintiff subrogated for the Defendant Company’s obligation of loans, the Defendant Company shall pay the amount of subrogation, delayed damages, and expenses incurred in exercising the Plaintiff’s claim. The agreed delay interest rate was set at 12% per annum.
On April 23, 2014, Defendant B guaranteed the Defendant Company’s indemnity liability against the Plaintiff under each credit guarantee agreement of this case.
3) On March 23, 2014, the Plaintiff issued, respectively, a guarantee of KRW 90 million for the guaranteed amount pursuant to the instant credit guarantee agreement, and ② a guarantee of KRW 42.5 million for the guaranteed amount pursuant to the instant credit guarantee agreement. Accordingly, on April 29, 2014, the Plaintiff loaned KRW 100 million to the Defendant Company under the guarantee under the instant credit guarantee agreement, and ② under the guarantee under the instant credit guarantee agreement, KRW 50 million.4) On December 30, 2014, the Defendant Company lost its interest on each of the above loans to the Bank (hereinafter “the instant credit guarantee accident”), and on March 2, 2015, notified the Plaintiff of the occurrence of the instant credit guarantee accident.
5) Accordingly, on April 17, 2015, the Plaintiff KRW 134,620,511 (i.e., principal amount of KRW 90,00,000 and interest KRW 1,374,386).