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1. The defendant A and the defendant B jointly and severally against the plaintiff 184,007,740 won and 91,448,382 won among them.
Reasons
1. Facts of recognition;
A. On June 21, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”), with the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”). On June 21, 2016, the Defendant Co., Ltd. jointly and severally guaranteed the Defendant Co., Ltd’s liability to compensate the Plaintiff for the amount of KRW 90 million,00,000,000,000, and the amount of KRW 100,000,000,000,000,000,000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000).
According to the above credit guarantee agreement, Defendant Company and Defendant B paid both the amount paid by the Plaintiff for the performance of the guaranteed obligation, (i) the amount paid by the Plaintiff for the performance of the guaranteed obligation, and damages for delay at the rate determined by the Plaintiff from the date of subrogation to the date of repayment (12% per annum from June 1, 2015), (ii) the expenses paid by the Plaintiff for the performance of the guaranteed obligation, (iii) the expenses paid by the Plaintiff for the preservation, transfer and exercise of the right acquired by the performance of the guaranteed obligation
B. The Defendant Company received a loan from the E Bank or F Bank as collateral for the Plaintiff’s credit guarantee; on March 13, 2017, the credit management information was registered; and on March 17, 2017, the occurrence of a guarantee accident, such as loss of the interest and the interest due to delinquency in payment of principal, occurred.
C. On August 4, 2017, the Plaintiff paid the principal and interest of debt to the E Bank KRW 91,448,382, and the principal and interest of debt to the F Bank on November 24, 2017, respectively.
Since the Defendant Company was unable to pay the principal obligation by the payment deadline, 180,240 won for additional guarantee fee for the principal obligation remaining from the day following the date the guarantee fee was paid to the day before the payment by subrogation.
The Plaintiff’s execution, preservation, and exercise of the claim for reimbursement of this case and legal procedures therefor.