Text
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 95,857,470 and KRW 95,857,215 from July 17, 2018 to September 10, 2018.
Reasons
1. ① On February 14, 2017, the Plaintiff entered into a guarantee agreement with the Defendant Company with respect to the principal and interest obligation of KRW 100 million for enterprise ordinary working loans that the Defendant Company would obtain from the D Bank (hereinafter “Defendant Company”) and issued the guarantee agreement with the Defendant Company on February 14, 2018. At the time of the said guarantee agreement, Defendant E guaranteed the Defendant Company’s obligation to the Plaintiff under the said guarantee agreement; ② The said guarantee agreement provides that “the Defendants shall pay the Plaintiff the amount of the guaranteed obligation and the amount of the principal and interest obligation of KRW 15 million from the D Bank on February 24, 2017 to the date of its repayment; ③ the Defendant Company collected the said guarantee agreement from the 10.15 billion won from the D Bank on February 24, 2017 to the date of its repayment; ⑤ the period of payment by subrogation of the Plaintiff’s KRW 100,000,000,000 to the Defendant Company on February 13, 20197.
2. According to the above facts, the Defendants jointly and severally agreed to the Plaintiff KRW 95,857,215 (=96,790,815- 93,600) and KRW 255,00,00,000 in total, and KRW 95,857,470,000 in total, and KRW 95,857,215 in the remainder of the loan repayment, which is the date of subrogation, shall be 10% per annum from July 17, 2018 to September 10, 2018, which is the date of final delivery of the copy of the complaint of this case, and from the following day to the date of full payment.