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1. The Plaintiff:
A. Defendant A and B jointly and severally share 47,255,576 won and 46,611,643 won.
Reasons
1. Facts of recognition;
A. On September 19, 2017, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”) with a credit guarantee principal of KRW 50,00,000, and the credit guarantee period from September 19, 2017 to September 19, 2018. The Defendant Company received a loan from the Nonparty Bank under the guarantee of the Plaintiff under the said credit guarantee agreement.
On the other hand, Defendant B and Nonparty E jointly and severally guaranteed all obligations, such as recourse money, against the Plaintiff of the Defendant Company according to the credit guarantee agreement of this case.
B. Under the instant credit guarantee agreement, where the Plaintiff performed the guaranteed obligation, the Defendant Company agreed to pay the Plaintiff the amount of the pertinent guaranteed obligation, damages after the date of the performance of the guaranteed obligation, expenses incurred in compensating for claims, etc. In the event the Defendant Company fails to repay the amount of the performance of the guaranteed obligation, the Defendant Company agreed to pay the amount in addition to the delay interest rate calculated by the Plaintiff from the date of payment to the date of the full payment. The above delay interest rate set by the Plaintiff from February 1, 2018 to the
C. Since then, Defendant Company lost its interest due to the failure to repay the loans to the Industrial Bank of Korea, and on September 5, 2018, the Plaintiff subrogated for KRW 46,611,643 of the principal and interest of the loans to the Industrial Bank of Korea in accordance with the instant credit guarantee agreement, and the Plaintiff paid KRW 643,933 as the provisional payment per delay in order to secure the Defendants’ claim for reimbursement.
On the other hand, E died on July 5, 2018, and there was Defendant C and Nonparty F, who is his/her child, as his/her inheritor. Of them, F reported the renunciation of inheritance on September 20, 2018 and accepted the said report on December 12, 2018. Defendant C reported the qualified acceptance as the same court No. 2018Ra50846, Sept. 2018, and filed the said report on December 4, 2018.