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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 86,630,953 and KRW 85,642,418 among them.
Reasons
1. Determination as to the claim for indemnity
A. The facts of recognition (1) The Plaintiff entered into a credit guarantee agreement with Defendant A on November 21, 2013, and issued a credit guarantee certificate with the guaranteed number H, the guaranteed principal of KRW 85,000,000,00, and the guarantee term on May 20, 2014. The Plaintiff guaranteed the part of the obligation to repay the principal and interest to be borne by the said Defendant by receiving a loan of KRW 100,00,000 from a national bank. In this case, Defendant B guaranteed the entire obligation to be borne by Defendant A to the Plaintiff.
(2) According to the credit guarantee agreement between the Plaintiff and the Defendant A, where the Plaintiff performed the above guaranteed obligation, the above Defendant shall pay to the Plaintiff the amount of subrogation paid by the Plaintiff for the performance of the guaranteed obligation and the damages for delay (the delay damages rate shall be 12% per annum from December 1, 2012 to the date of full payment) calculated by the Plaintiff’s rate of damages for the performance of the obligation and the damages for delay (the delay damages rate shall be 12% per annum from December 1, 2012 to the date following the expiration date of the due date on which the Plaintiff’s respective guaranteed obligation is required to discharge the principal obligation or the guarantee fees are not extinguished by the following day of the due date on which the due date for payment is due, penalty in accordance with the Plaintiff’s prescribed ratio of the remaining principal obligation for the period from the day following the expiration date
(3) On January 23, 2014, the Plaintiff: (a) registered as an accident company of the Gyeonggi Credit Guarantee Foundation; and (b) on February 14, 2014, the Plaintiff subrogated to the National Bank of Korea for KRW 85,642,418 relating to the guarantee under paragraph (1); (c) on February 14, 2014, the legal procedure costs incurred by the Plaintiff for the enforcement and preservation of the said claim for reimbursement amount are KRW 98,535.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 6, respectively.