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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 46,965,092 and KRW 46,964,68 among them, from October 18, 2017 to January 2018.
Reasons
1. On May 17, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant Company KEB between Defendant Company A and Defendant Company, but with respect to Defendant Company’s loans to Bank, and D jointly and severally guaranteed the Defendant Company’s liability for indemnity in accordance with the said credit guarantee agreement.
On October 18, 2017, the Plaintiff collected KRW 1,230,380,00 after subrogated the amount of KRW 48,195,068 to the foreign bank, and the amount of the unrepaid by subrogation was 46,964,68.
The rate of delay damages after the date of subrogation is 12% per annum, and the delay damages from the date of repayment by subrogation to the date of repayment by subrogation is generated, even if the partial repayment by subrogation is made, and 404 won is calculated as the fixed amount.
D As of June 17, 2017, the defendant who died on June 17, 2017 and who is the spouse B and C were co-inheritors, but B and C were tried to waive inheritance, and the defendant was tried to grant a qualified acceptance.
[Grounds for Recognition] Unsatisfy or Confession
2. According to the judgment and the facts of the above recognition, the defendants jointly and severally pay to the plaintiff the amount of 46,965,092 won with interest on unrepaid subrogation and the principal of 46,964,688 won, whichever is the date of subrogation, to the plaintiff from October 18, 2017 to January 31, 2018, the "application for amendment of the purport of the claim and the cause of the claim as of January 16, 2018," which is the date of service of the plaintiff, 12% per annum as stipulated in the agreement, and 15% per annum as of January 31, 2018 from the next day to the date of full payment, and the defendant C is obligated to pay it within the scope of the inherited property from the deceased.
Therefore, the plaintiff's claim against the defendant company is accepted in full, and part of the claim against the defendant C is accepted within the above scope of recognition.