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1. Defendant A Co., Ltd,B,C, and D shall jointly and severally serve as KRW 118,058,331 among the 117,310 and the 117,317,331 of the Franchisium.
Reasons
1. The facts falling under any of the following subparagraphs may be found either in dispute between the parties or in each entry in Gap evidence 1 to 9 (including each number; hereinafter the same shall apply) by reference to the whole purport of the pleadings:
On June 30, 2006, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) which guarantees the principal and interest of the guaranteed principal as KRW 127,50,000 (hereinafter referred to as KRW 114,750,000 thereafter) and the term of guarantee on June 29, 2007 (which was changed to June 27, 2014) (hereinafter referred to as the “credit guarantee agreement of this case”). Defendant B, C, and D jointly and severally guaranteed the Defendant Co., Ltd’s obligation under the credit guarantee agreement of this case against the Plaintiff.
B. According to the instant credit guarantee agreement, where the Plaintiff performed the above guaranteed obligation, the Defendants shall pay the amount subrogated by the Plaintiff, the amount of damages from the payment date to the full payment date (17% per annum from December 1, 2010, and 14% per annum from the next day) determined by the Plaintiff from the date of payment of the guaranteed obligation to the date of full payment therefor, the additional guarantee fee calculated by adding a certain rate to the guaranteed rate from the day following the date of payment of the guaranteed obligation to the day before the expiration date of the guaranteed obligation, and the legal procedure expenses (provisional payment) incurred by the Plaintiff in order to execute or guarantee the right by performing the guaranteed obligation
C. On July 17, 2013, Defendant Company lost the benefit of time due to the registration of bad credit standing due to delinquency, etc., and the Plaintiff subrogated to the Bank of Korea KRW 117,317,331 on November 19, 2013.
The legal procedure cost incurred by the Plaintiff to preserve the claim for reimbursement is KRW 741,00.
1) On the other hand, on March 26, 2013, Defendant B is the real estate indicated in attached Form 1. The real estate indicated in attached Table 1 with Defendant E (hereinafter “instant real estate”).
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