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1. Defendant A and the Plaintiff jointly and severally with Nonparty A Co., Ltd., and KRW 306,50,514 and 303,846 among them.
Reasons
1. Facts of recognition;
A. The Plaintiff Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) concluded a credit guarantee agreement and created a claim for reimbursement
(1) On April 8, 2013, the credit guarantee agreement between the credit guarantee principal and KRW 45 million, the credit guarantee period from April 8, 2013 to April 6, 2018, the credit guarantee agreement between April 8, 2014 and the credit guarantee agreement between April 8, 2014 and April 6, 2018, the credit guarantee agreement between April 23, 2014 and April 23, 2014, the credit guarantee agreement between the credit guarantee principal and KRW 95 million, the credit guarantee period from April 23, 2014 to April 22, 2019 (hereinafter referred to as the “credit guarantee agreement in this case”).
(2) At the time Defendant A, as the representative director of the non-party company, guaranteed all obligations owed by the non-party company to the Plaintiff according to the above credit guarantee agreement.
3) According to the instant credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, the non-party company and the joint guarantor immediately redeems the amount of the guaranteed obligation, the amount of damages incurred from the performance of the guaranteed obligation, the penalty, and the expenses incurred in preserving the right acquired from the performance of the guaranteed obligation to the repayment date. (4) From February 28, 2015 to February 28, 2015, the non-party company lost the benefit due to the above loan obligation due to delay in payment of interest on the above loan to the Industrial Bank of Korea, and eventually, the guarantee accident that prevents the repayment
5. On July 10, 2015, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 303,846,772 in total, the principal and interest of loan of a non-party company, pursuant to the credit guarantee agreement in this case.
The rate of damages determined by the plaintiff for subrogation is 12% per annum.
② The costs of the legal procedure that the Plaintiff paid on behalf of Nonparty Company and Defendant A are KRW 1,632,132, and Nonparty Company.