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1. The Plaintiff:
A. Defendant A and B jointly and severally agreed on KRW 84,360,251 and KRW 84,359,869 out of the said money.
Reasons
1. Basic facts
A. (1) On November 20, 2008, the Plaintiff entered into a credit guarantee agreement with Defendant A, setting the credit guarantee principal of KRW 85,00,000, and the term of the credit guarantee agreement on November 19, 2009 (the said term of the credit guarantee was extended successively until November 14, 2013; hereinafter the said term of the first credit guarantee agreement), Defendant B jointly and severally guaranteed all the obligations owed to the Plaintiff by Defendant A with respect to the first credit guarantee agreement, and Defendant A obtained a loan of KRW 100,00,000 from Gyeongnam Bank Co., Ltd. on the basis thereof.
(2) On November 7, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A, setting the credit guarantee principal of KRW 48,00,000, and the term of credit guarantee as of November 6, 2014 (hereinafter “Second Credit Guarantee Agreement”), and Defendant A obtained a loan of KRW 60,000,000 from the Jinju-si Branch of the Agricultural Cooperatives Federation.
(3) According to the above credit guarantee agreement, when the plaintiff performed the guaranteed obligation, the principal and the joint guarantor shall pay to the plaintiff damages calculated at the rate determined by the plaintiff from the date of performance of the guaranteed obligation to the date of repayment of the guaranteed obligation (hereinafter “a fixed amount of damages”), ③ the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation (hereinafter “payment by subrogation”), and damages for delay calculated at the rate determined by the plaintiff from the date of payment of the expenses to the date of repayment of
B. The occurrence of a credit guarantee accident and subrogation (1) Defendant A lost the benefit of time due to the occurrence of a credit guarantee accident on April 9, 2014, and the Plaintiff paid 48,372,493 won on behalf of 1,65,659,870 won to the Gyeongnam Bank Co., Ltd. on June 27, 2014, and 2, on June 30, 2014 to the Nonghyup Bank Co., Ltd. on behalf of 48,372,493, respectively, and fulfilled the obligation of guarantee under the 1,2
(2) The rate of damages for delay determined by the Plaintiff is the date of each subrogation.