beta
Text
1. The Plaintiff:
A. Defendant A Co., Ltd. and B jointly and severally with the Plaintiff KRW 32,94,644 and KRW 31,005,204 among them.
Reasons
1. Facts of recognition;
A. On July 20, 199, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) by setting the guarantee period as KRW 30,000,00 with the principal of the guarantee from July 20, 199 to July 20, 2002. Defendant B and the network H guaranteed all the obligations owed to the Plaintiff by the Defendant Co., Ltd. under the said credit guarantee agreement, and the Defendant Co., Ltd received loans by submitting the said credit guarantee agreement to the National Bank.
B. According to the above credit guarantee agreement, when the Plaintiff received a claim from the creditor-based national bank for the performance of the guaranteed obligation, and the Defendant company, the Defendant company, the Defendant B, and the network H jointly and severally pay to the Plaintiff all incidental obligations, including (i) delay damages at the rate of delay delay damages from the date of repayment by subrogation, and (ii) additional guarantee fees from the date following the date of payment of the guarantee fee to the date preceding the date of termination of the guarantee fee, and (iii) legal procedure expenses (provisional payment) in order to enforce or preserve the right by the Plaintiff’s performance of the guaranteed obligation.
C. On June 19, 200, the Plaintiff paid KRW 31,005,204 in subrogation of the Defendant Company to the National Bank.
The deceased H died on May 7, 2002, and the co-inheritors of the deceased H have parents C and G, and their inheritance shares are 1/2.
E. On October 5, 2005, the Plaintiff filed a claim for reimbursement against the Defendant Company, B, network C, and Defendant G with Seoul Central District Court Decision 2005Da82848, and filed a lawsuit on October 5, 2005, “The Defendant Company, B, and the Plaintiff jointly and severally, KRW 31,005,204, and KRW 31,005,204 from June 19, 200 to September 10, 2005; KRW 17% per annum from the following day to the full payment date; KRW 20% per annum from the following day to the date of full payment; KRW 15,896,272 out of the above amount and KRW 15,502,602 from the date to September 10, 205; and KRW 20% per annum from the following day to September 17, 200, respectively.