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1. As to KRW 16,491,238 and KRW 16,244,907 among the Plaintiff and the Plaintiff, Defendant A and B, jointly and severally, shall be from January 13, 2016 to April 13, 2016.
Reasons
1. Determination on the claim for indemnity and the right to be preserved
A. On October 21, 2014, the Plaintiff concluded a credit guarantee agreement with Defendant A and the Plaintiff by subrogation until October 2015, 2015.
Under the credit guarantee agreement, Defendant A was loaned KRW 16 million from the new bank on the same day.
Defendant B guaranteed all obligations owed by Defendant A to the Plaintiff on the same day in accordance with the credit guarantee agreement.
In the above credit guarantee agreement, when the plaintiff fulfills the guaranteed obligation for the defendant A, the defendant A decided to pay to the plaintiff the repayment amount of the guaranteed obligation and damages for delay in accordance with the rate determined by the plaintiff (12% per annum).
On September 22, 2015, Defendant A had a credit guarantee accident caused by natural substances.
On January 13, 2016, the Plaintiff paid 16,244,907 won in the balance of the principal and interest of loan to a new bank. Additional guarantee fees to be borne by the Defendant A are 62,590 won, and substitute payments are 201,000 won.
Meanwhile, the Plaintiff is a person who has appropriated the amount of 17,259 of the return of the service charges to be returned to the Defendant A for KRW 201,000.
【Ground of Recognition】 The plaintiff and the defendant A, C: Evidence Nos. 1 through 8, the purport of the entire pleadings, and between the plaintiff and the defendant B: deemed as confession
B. According to the above facts of determination, Defendant A and B are jointly and severally liable to pay to the Plaintiff 16,491,238 ( = 16,244,90 won additional guarantee fee of KRW 62,590 by subrogation - returned amount of KRW 201,00 by subrogation - returned amount of KRW 17,259) and among them, 16,24,907 won by subrogation as of January 13, 2016, which is the date of subrogation, to the Defendants, the duplicate of the complaint of this case from January 13, 2016 until April 26, 2016, which was finally served on the Defendants, 12% per annum under the agreement, and damages for delay by 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day until the date of
In addition, the plaintiff's above claim against the defendant B is the right to be preserved against the defendant C.