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1. The Defendant is jointly and severally with the Plaintiff as to KRW 53,617,460 and KRW 53,003,384 among them, respectively, from December 31, 2014 to January 2016.
Reasons
1. Determination as to the cause of claim
A. On March 6, 2007, Han Bank Co., Ltd. concluded a credit guarantee agreement with the Plaintiff as to the guarantee amount of KRW 83,300,000 (amended 51,850,000) and the guarantee period of February 28, 2008 (amended 21, 2014) on the guarantee amount of KRW 83,300,000 (amended 51,850,000) with respect to the general corporate capital 98,000,000 won for the company to be loaned by the Nonparty Co., Ltd. (hereinafter “Nonindicted Company”).
(2) On September 12, 2007, the Defendant entered into an agreement with the Plaintiff to jointly and severally guarantee the liability for indemnity of the non-party company in the event of a credit guarantee accident.
(3) Under the above credit guarantee agreement, Han Bank Co., Ltd. loaned 98 million won to the non-party company on March 5, 2007.
(4) Since then, the non-party company lost its interest due to the non-party company’s failure to pay the above principal and interest of loan, and on August 21, 2014, the Han Bank Co., Ltd. notified the Plaintiff of the occurrence of a credit guarantee accident, and requested the Plaintiff to discharge the guaranteed obligation under the
(5) On December 31, 2014, the Plaintiff paid the principal and interest of the guaranteed loan amounting to KRW 53,003,384 on behalf of the Plaintiff, thereby allowing the non-party company to be exempted from liability.
[In the absence of any dispute, Gap evidence 1, Gap evidence 2, Gap evidence 3, Gap evidence 4, Gap evidence 4, Gap evidence 6, Gap evidence 7, the purport of the whole pleadings and arguments]
B. According to the above facts of recognition, the defendant is jointly and severally liable with Nonparty B to pay to the plaintiff the amount of 53,003,384 won by subrogation, and damages for delay at the rate of 12% per annum from December 31, 2014 to January 18, 2016, the service date of the original copy of the payment order in this case, and 15% per annum from the next day to the date of full payment.
2. The defendant's assertion
A. Under the premise that the instant guarantee agreement constitutes a continuous guarantee, the Defendant, on July 25, 2012, resigned from the position of the representative director and directors of the non-party company as well as the Defendant’s resignation on July 25, 2013.