beta
Text
1. As to KRW 175,867,538 and KRW 175,801,017 among them, the Defendant and the Plaintiff jointly and severally with Company B and C, as to November 2014.
Reasons
1. Facts of recognition;
A. On June 22, 2012, the Plaintiff entered into a credit guarantee agreement with B Co., Ltd. (hereinafter “Nonindicted Company”) with the credit guarantee principal of KRW 270,00,000, and the guarantee period as of March 21, 2016 (hereinafter “instant guarantee agreement”); the Defendant and C jointly and severally guaranteed obligations under the said credit guarantee agreement with the Nonparty Company on the same day; thereafter, the Nonparty Company provided a credit guarantee certificate issued by the Plaintiff and received a loan from the new bank.
B. On October 1, 2014, Nonparty Company caused a credit guarantee accident due to the principal in arrears. On November 28, 2014, the Plaintiff subrogated for KRW 182,847,337 to the new bank on November 28, 2014, and the amount of KRW 1,128,320 recovered from Nonparty Company, and the amount of KRW 5,918,000 recovered from Defendant to the amount of subrogated payment is KRW 175,801,01,017, and the remaining amount of subrogated payment is KRW 66,521.
C. Meanwhile, the rate of damages for delay on the amount of the Plaintiff’s performance of the guaranteed obligation is 12% per annum until January 31, 2016, and is 10% per annum from February 1, 2016 to the date.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant is jointly and severally liable with the non-party company and C to pay the remaining amount of KRW 175,867,538 (the remaining amount of subrogation KRW 175,801,01,017 plus KRW 66,521) and the remaining amount of subrogation amount of KRW 175,801,017, which is the date of performance of guaranteed liability, 12% per annum from November 28, 2014 to January 31, 2016, the agreed interest rate of KRW 12% per annum from the next day to June 20, 2016; and 10% per annum from the next day to June 20, 2016 from the day when the copy of the complaint of this case was delivered to the defendant; and 15% per annum from the next day to the day of full payment.
B. As to the judgment on the Defendant’s assertion, the Defendant, according to the instant guarantee agreement, shall pay to the Plaintiff KRW 54,281,064 on May 14, 2014 and July 22, 2014.