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1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 45,434,571 and KRW 45,212,036 among them, from September 10, 2013.
Reasons
1. Determination as to the claim against the defendant A and the defendant B
A. Fact 1) On February 19, 2009, the Plaintiff and Defendant B paid a loan to the said Defendants to the said Defendants’ banks amounting to KRW 50,000,000, and until February 18, 2010 of the guaranteed period (the last date was changed to February 14, 2014).
(2) On February 20, 2009, the Defendants concluded a credit guarantee agreement with the contents of the credit guarantee agreement, and the said Defendants borrowed KRW 50,000,00 from the Bank in relation to the said credit guarantee agreement. (2) The Defendants lost the benefit of July 12, 2013 due to the Plaintiff’s non-payment of the said loan at once, and the Plaintiff subrogated for KRW 45,212,036 to the Bank on September 10, 2013 in accordance with the said credit guarantee agreement.
3) The amount of substitute payments not recovered by the Plaintiff relating to the above credit guarantee agreement is KRW 222,535, and the amount of damages for delay of agreement is 12% per annum. The fact that there is no dispute over the grounds for recognition.
B. According to the above facts of recognition, Defendant A and Defendant B, the obligor under the above credit guarantee agreement, are jointly and severally liable to pay to the Plaintiff KRW 45,434,571 (=22,535 of subrogated payment of KRW 45,212,036) and the above KRW 45,212,036 of the subrogated payment of KRW 45,212,036 from September 10, 2013 to March 18, 2014, which is the final delivery date of the complaint of this case, the amount of 12% per annum under the agreement, and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
2. Determination as to the claim against Defendant C
A. On April 10, 191, B, Defendant C married on April 10, 1991, B, as well as Defendant C, on February 9, 2010, leased the Housing No. 402 (hereinafter “instant Housing”) from D for the period of KRW 70,000,000, and the period of March 10, 2012, and paid the said D KRW 70,000,00 as the lease deposit.
3) B, January 22, 2013, 201, the Non-Yancheon-gu F apartment No. 102, 501 (hereinafter “instant apartment”).