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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 44,387,209 and KRW 43,946,479 among the Defendants.
Reasons
1. Determination as to the cause of claim
A. (1) On April 25, 2013, the Plaintiff entered into a credit guarantee agreement, the amount of which is KRW 50 million (which was reduced to KRW 4,310,000,000), and April 23, 2014 (which was extended by April 22, 2015).
(hereinafter referred to as “the instant credit guarantee agreement”). Henb borrowed money from the Nong Bank Co., Ltd. (hereinafter referred to as “CF”) in accordance with the said credit guarantee agreement.
(2) According to the instant credit guarantee agreement, upon the Plaintiff’s performance of the guaranteed obligation, H&D paid to the Plaintiff all incidental obligations, including the amount of the obligation to discharge the guaranteed obligation, and the amount of the obligation to compensate for, transfer and exercise of the right acquired through the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the obligation, unpaid guarantee fee, overdue guarantee fee, additional guarantee fee, etc.
(3) The Defendants jointly and severally guaranteed all obligations owed to the Plaintiff by H&D.
(4) On April 23, 2015, Won L&W did not pay the principal and interest of loans to the Nonghyup Bank. As a credit guarantee accident occurred, the Plaintiff subrogated to the Nonghyup Bank KRW 43,946,479 on June 23, 2015 according to the credit guarantee agreement of this case.
Meanwhile, the legal procedure cost incurred by the Plaintiff in order to secure the claim for indemnity is 288,730 won, additional guarantee fee is 152,00 won, and the interest rate for delay determined by the Plaintiff in subrogation is 12% per annum.
[Ground] Evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleading
B. According to the above facts of determination, the Defendants jointly and severally agreed to the Plaintiff KRW 44,387,209 (=152,00,000 for additional guarantee fees of KRW 288,730 for legal procedure costs of subrogated amount of KRW 43,946,479) and the amount of subrogated amount of KRW 43,946,479, which is the date of subrogation, from June 23, 2015 to the date of final delivery of the instant complaint.