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1. The Defendants jointly and severally with Nonparty D (representative: E) and jointly with the Plaintiff KRW 100,296,484 and KRW 31,481,862 among them.
Reasons
1. Facts recognized;
A. 1) The Plaintiff is a legal entity established pursuant to the Regional Credit Guarantee Foundation Act, the purpose of which is to facilitate its financing and contribute to the revitalization of the regional economy by guaranteeing the obligations of small and micro enterprises, etc. in an area where the secured capacity is insufficient. 2) The non-party D Co., Ltd. (hereinafter “non-party D”) entered into a credit guarantee contract with the Plaintiff on March 11, 2003 (hereinafter “the instant credit guarantee contract”). The non-party E and the Defendants are the persons who jointly and severally guaranteed the obligations under the said company’s credit guarantee contract.
B. (1) On June 20, 2005, the Plaintiff subrogated for KRW 31,481,862 to Nonparty Company F on the part of the Plaintiff under the instant credit guarantee contract. (2) On April 15, 2010, the Plaintiff filed an application for the payment order against Nonparty Company E and Nonparty, and the Defendants under the Daegu District Court Decision 2010,776, the Daegu District Court of Kimcheon-si, Seoul Special Metropolitan City for the payment order for reimbursement or the payment order for joint and several liability under the said subrogation. Since Nonparty Company, Defendant B, and C did not raise any objection despite having received the original copy of the said payment order, the payment order between the Plaintiff and the said Party (foreign company, Defendant B, and Defendant C) became final and conclusive as it is.
(The date when the payment order against the foreign company was finalized is June 19, 2010, and the date when the payment order against the defendant B and C is finalized is May 25, 2010). The amount of the above payment order ordered the above parties to pay is as follows:
The non-party company and the defendant B and C jointly pay to the plaintiff 31,481,862 won of the subrogated principal of KRW 57,801,857, delay damages of KRW 25,615,885, additional guarantee fees of KRW 165,890, substitute payment of KRW 538,220, and interest and demand procedure expenses of KRW 186,080 calculated at the rate of 17% per annum from April 2, 2010 to the date of full payment of KRW 31,481,862.
3. Meanwhile, according to the objection against the above payment order by Nonparty E and Defendant A, Daegu District Court.