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1. The Defendants jointly and severally agreed with the Plaintiff KRW 29,205,169 and 12% per annum from June 5, 2015 to October 16, 2015.
Reasons
1. Facts of recognition;
A. Defendant A borrowed KRW 50,00,000 from one bank on April 26, 2012 following the credit guarantee agreement (a guarantee amount of KRW 50,00,000,000) with the Plaintiff on April 26, 2012, and the term of guarantee of KRW 50,00,000 from one bank on April 26, 2012. Defendant B guaranteed the Plaintiff’s liability for the reimbursement against one bank under the said credit guarantee agreement.
B. On January 27, 2015, Defendant A lost the benefit of the time limit for the above loan obligation, and the Plaintiff subrogated for KRW 29,574,39 to Han Bank on June 5, 2015.
C. After recovering KRW 369,230 from Defendant A, the Defendants’ obligations to the Plaintiff are KRW 29,205,169 and damages for delay after the date of subrogation.
Meanwhile, at the time of the credit guarantee agreement, the Defendants agreed to pay damages for delay at the interest rate set by the Plaintiff within the limit of 25% per annum under Article 28 of the Regional Credit Guarantee Foundation Act after the date of performance of the guaranteed obligation. The interest rate set by the Plaintiff after April 29, 2015 is 12% per annum.
【Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 6, purport of the whole pleadings】
2. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 29,205,169 as well as the amount of delay damages calculated by the ratio of 12% per annum, which is the interest rate per annum from June 5, 2015 to October 16, 2015, which is the date of the final delivery of the copy of the complaint against the Defendants, and the amount of delay damages calculated by the ratio of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.
(The statutory interest rate was amended by Presidential Decree No. 26553, Sept. 25, 2015; and the statutory interest rate was changed to 15% per annum from October 1, 2015). Thus, the Plaintiff’s claim against the Defendants against the Defendants is justified within the said recognized limit, and the remainder is claimed.