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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,328,523,102 and KRW 958,972,532 from June 28, 201 to June 25, 201.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a credit guarantee agreement and joint and several sureties 1) on December 28, 2007, E Co., Ltd. (hereinafter “E”).
(2) On December 26, 2008, a credit guarantee agreement (the first credit guarantee agreement is extended to December 22, 201) entered into between the Plaintiff and the guaranteed amount of KRW 255,00,000, and the guaranteed period of KRW 26,000, and issued a credit guarantee agreement (the extension to December 22, 201) and the first credit guarantee agreement, and E obtained a loan from a F Bank to obtain KRW 300,00 won. 2) on July 4, 2008, the Plaintiff entered into a credit guarantee agreement (the second credit guarantee agreement) and issued a credit guarantee agreement (the extension to July 1, 201) on July 3, 2009 (the extension to July 1, 201). E obtained a loan from G Bank 194,200,000N.
3) According to each credit guarantee agreement, in the event that the Plaintiff fulfills the guaranteed obligation under a credit guarantee agreement, E pays for the expenses incurred in preserving, transferring, and exercising the rights acquired as a result of the Plaintiff’s performance of the guaranteed obligation at the rate set by the Plaintiff. The ratio of damages for delay determined by the Plaintiff is 15% per annum from June 1, 2005 to November 30, 2012, 12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum thereafter. 4) The Defendants jointly and severally guaranteed all obligations owed by E to the Plaintiff in accordance with each credit guarantee agreement.
B. Upon the occurrence of a credit guarantee accident and the credit guarantee accident in which payment by subrogation was impossible by the bank, the Plaintiff subrogated the F Bank with KRW 257,532,533 on June 29, 201, at the request of creditors, to the H Bank (former G Bank) on June 28, 201, KRW 166,901,715 (Japan 86,795,275N), and June 29, 201.
C. The Plaintiff partially recovered KRW 215,368,723 after subrogation and appropriated the amount of KRW 7,439,540 for the substitute payment, and KRW 207,929,183 for the substitute payment, and the amount of the unpaid principal shall be KRW 1,216,505,065 [1,216,972,532 won for the principal of the primary credit guarantee (=16,901,715,715-207,929,183 won), and the amount of the second credit guarantee principal shall be KRW 257,532,533 for the finalized damages incurred to the principal of the recovered principal].