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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 241,910,658 and KRW 241,410,606 among the Defendants.
Reasons
1. Facts of recognition;
A. On June 15, 2016, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) under which the guaranteed principal was changed to US$ 224,00 (which thereafter was changed to US$ 201,60), and the guarantee period was changed from July 15, 2017 to June 14, 2017 (which was then changed to June 14, 2019), and issued a credit guarantee agreement with the Defendant Co., Ltd. (hereinafter “the instant credit guarantee agreement”), and the Defendant Co., Ltd was granted a loan of US$ 280,000 from C Bank as a security on June 15, 2016 (hereinafter “instant loan”).
Defendant B jointly and severally guaranteed the obligation owed by the Defendant Company to the Plaintiff pursuant to the instant credit guarantee agreement.
B. According to the credit guarantee agreement of this case, where the plaintiff performs the guaranteed obligation, the defendant company shall pay the amount subrogated by the plaintiff and the amount of damages for delay, penalty, substitute payment, etc. calculated at the ratio determined by the plaintiff.
C. However, on June 26, 2018, Defendant Company lost the benefit of time due to the instant loan obligations, and on October 31, 2018, the Plaintiff paid to C Bank a total of KRW 243,317,404 (i.e., principal and interest amounting to KRW 238,561,222), and collected KRW 1,906,798 from Defendant Company on the same day.
The rate of delay damages determined by the Plaintiff pursuant to the credit guarantee agreement of this case is 10% per annum, and the amount of finalized damages not yet recovered by the Plaintiff is 522 won, and the amount of penalty is 49,530 won.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9, the purport of the whole pleadings
2. According to the above facts of determination, the defendants jointly and severally paid the amount of 241,901,658 won [241,410,606 won (243,317,404 won - 1,906,798 won) of the amount of subrogated payment] and the amount of penalty of 522 won of the amount of subrogated payment to the plaintiff (241,410,606,798 won) and the amount of the amount of subrogated payment 241,410 won.