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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 175,348,319 and KRW 174,006,179 among the Defendants.
Reasons
1. Indication of claim;
A. On May 21, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) with the term of KRW 172,00,000,000 of the guaranteed principal, and the term of guarantee (which shall be extended on May 21, 2014) and issued a credit guarantee certificate. On the same day, the Defendant Company submitted the said credit guarantee certificate to the National Bank of Korea Co., Ltd. (hereinafter “National Bank”), and received KRW 215,00,000, and the Defendant B jointly and severally guaranteed the Plaintiff’s performance of duties under the said credit guarantee agreement.
B. On April 22, 2014, Defendant Company did not pay interest on the said loan, and the Plaintiff did not pay the interest on the said loan.
6. 30. The principal and interest of interest remaining to a national bank was subrogated to KRW 174,06,179.
C. Meanwhile, in order to secure the Defendants’ claim for reimbursement, the Plaintiff paid 882,690 won for the legal procedure costs to secure the Defendants’ claim for reimbursement, and the penalty for breach of contract under the above credit guarantee agreement is KRW 459,450.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 175,348,319 (i.e., 174,006,179 of substitute payment of KRW 882,69,450 of substitute payment of KRW 459,450 of substitute payment of KRW 174,006,179 of the amount of subrogated payment of KRW 174,006,179 of the amount of subrogated payment of the Plaintiff from June 30, 2014 to August 25, 2014, which is the date of the final delivery of the complaint in this case, the amount of 12% per annum as stipulated in the credit guarantee agreement in this case, and damages for delay of 20% per annum as stipulated in the Act on Special Cases Concerning
2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts (Judgment without holding any pleadings by submitting a written reply);