Text
1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 183,667,341 and KRW 180,420,142 among them, respectively, and Defendant A and B.
Reasons
1. Facts of recognition;
A. The Plaintiff and Defendant A entered into a credit guarantee agreement (hereinafter “each of the credit guarantee agreements of this case”) with each of the following contents in obtaining a loan from the Nonghyup Bank Co., Ltd. (hereinafter “CF”), and Defendant B and C jointly and severally guaranteed the Defendant A’s obligation to the Plaintiff under the respective credit guarantee agreement.
1) Guarantee principal: The date when a guarantee agreement is concluded on March 29, 2010: 85,000,000 won: The date when the guarantee principal is concluded on March 28, 2012: 85,000,000 won: September 26, 2012: The date when the guarantee agreement is concluded on March 28, 2012: the date when the guarantee term is concluded on September 26, 2012;
Upon entering into each of the credit guarantee agreements in this case, Defendant A agreed to reimburse the Plaintiff for the amount of subrogated payment and damages for delay determined by the Plaintiff from the date of repayment thereof (12% per annum from January 2012 to January 2012 of the Regional Credit Guarantee Foundation Act), expenses incurred in the performance of guaranteed obligations, and expenses incurred in the preservation, transfer, and exercise of rights acquired from the performance of guaranteed obligations.
C. Defendant A submitted to Nonghyup Bank a credit guarantee statement issued in accordance with the respective credit guarantee agreement of this case, and borrowed KRW 100,000,000 from the said Bank on March 29, 2010, and KRW 100,000,000 on September 26, 2012, Defendant A provided the credit guarantee accident on July 10, 2013.
Accordingly, on August 6, 2013, the Plaintiff paid 180,420,142 won (i.e., principal amounting to KRW 95,00,000 under the credit guarantee agreement of March 29, 2010 and interest amounting to KRW 257,827,827 under the credit guarantee agreement of September 26, 2012) to the Nonghyup Bank, and paid KRW 1,052,50,00 for each of the principal amounting to KRW 85,00,000 under the credit guarantee agreement of September 26, 2012.
In addition, with respect to the payment by subrogation, 2,194,69 won was incurred at the rate of 12% per annum, which is the agreed damages rate from the date of subrogation until September 11, 2013.
E. Defendant C is attached to himself/herself on July 12, 2013 between Defendant D and his/her own property.