beta
Text
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 171,326,38 and KRW 171,326,138 among them.
Reasons
1. Basic facts
A. (i) On September 7, 2011, the Plaintiff entered into a credit guarantee agreement with Defendant A, setting the credit guarantee principal of KRW 170,000,00 and the term of the credit guarantee agreement as of September 6, 2012 (hereinafter “instant credit guarantee agreement”); Defendant B, Defendant C, and Defendant Home T&C Co., Ltd. jointly and severally guaranteed the Defendant A’s obligation under the instant credit guarantee agreement.
According to the instant credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, the Defendants are obligated to pay to the Plaintiff the amount of the guaranteed obligation and the amount of damages calculated at the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of full payment, expenses incurred in the performance of the guaranteed obligation, and expenses incurred in the exercise of the right
B. Defendant A was loaned KRW 200,000,000 from the Industrial Bank of Korea on September 7, 201, by taking the credit guarantee form under the instant credit guarantee agreement as security.
C. (i) After the occurrence of a credit guarantee accident due to Defendant A’s failure to repay the above loans to the Bank, the Plaintiff subrogated the Bank of Korea for KRW 171,847,778 on May 17, 2012, and recovered KRW 521,640 out of the total amount of the above guaranteed liabilities on the same day.
The details of indemnity pursuant to the Credit Guarantee Agreement of Doz. are as follows.
㈎ 대위변제금 : 171,326,138원 (= 171,847,778원 - 521,640원) ㈏ 확정손해금 : 200원 (= 521,640원 × 14% × 1/365) ⑶ 한편, 위 보증채무 이행일 이후 위 보증채무 이행금액에 대하여 원고가 정한 지연손해금률은 연 14%이다.
[Ground of recognition] Defendant A: A without dispute, entry of evidence Nos. 1-1 through 4, 2, 3-1 through 4, the entire purport of argument, and the entire purport of argument, Defendant B, Defendant C, and Defendant Home T&C Co., Ltd.: deemed confession (Article 150(3) and (1) of the Civil Procedure Act).