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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 339,92,127 and KRW 252,373,559.
Reasons
1. Indication of claim;
A. On June 28, 2010, Defendant B Co., Ltd. (hereinafter “Defendant Company”) loaned KRW 440,000,000 to the Industrial Bank of Korea at a rate of 12% per annum (hereinafter “instant loan”); and Defendant C jointly and severally guaranteed the instant loan to the Industrial Bank of Korea of the Defendant Company.
(hereinafter referred to as the “joint and several sureties of this case”).
The instant loans and joint and several guarantee claims against the Defendants of the Industrial Bank of Korea were transferred to the Plaintiff on November 30, 2016 through D and E limited liability companies in sequence, and around that time, notification of the transfer of claims was also given to the Defendants.
C. The Defendant Company lost its interest by delaying the payment of the principal and interest of the instant loan, and the principal and interest of the instant loan as of September 18, 2019 are KRW 339,92,127 (= principal and interest of KRW 252,373,559). (See KRW 87,618,568).
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum from September 19, 2019 to the date of full payment, as to KRW 339,92,127 and the principal amount of KRW 252,373,559.
2. Judgment by public notice of each applicable provisions of Acts (Article 208 (3) 2 of the Civil Procedure Act);
3. According to the evidence No. 1 (Agreement on Credit Transactions), Defendant C’s joint and several guarantee limit (including interest, damages for delay, and all incidental claims) is recognized as KRW 528,000,000, while jointly and severally guaranteeing the obligation of the instant loan to the Industrial Bank of Korea of the Defendant Company on June 28, 2010.
Therefore, Defendant C bears only the obligation to perform the joint and several debt of this case within the limit of KRW 528,00,000,000 to the Plaintiff. Therefore, the Plaintiff’s claim against Defendant C in excess of the obligation is dismissed.