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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 126,960,136 and KRW 124,343,482 from June 26, 2013 to July 2015.
Reasons
1. Points of delivery to an enterprise bank of KRW 171,00,000,000, 2013-05-31 2013-26-26,343,482, 2,323,854 won 292,80 won, 126,960,136,00 won in aggregate of penalty for finalized damages of the balance of the date of subrogated payment by the institution granting the loan, the details of the obligation for indemnity (after modification) of the amount of guarantee (after modification) of basic facts;
A. On February 18, 2009, Defendant A (the name of a business entity: C) entered into a credit guarantee agreement with the Plaintiff under the joint and several guarantee of Defendant B as listed below. In the event that the Plaintiff performs the guaranteed obligation, Defendant A (the name of the business entity) entered into a credit guarantee agreement with the Plaintiff as follows: ① the amount subrogated by the Plaintiff and the interest rate for delay from the date of subrogation to the date of full payment; ② if the principal obligation is not performed within the due date, the penalty calculated by multiplying the amount of outstanding loan within the guarantee limit by the rate of 0.5% per annum; ③ the amount calculated by multiplying the amount of the Plaintiff’s subrogation and the interest rate for delay from the date of payment to the date of full payment; ③ the amount of the principal obligation is the penalty calculated by multiplying the amount of outstanding loan within the guarantee limit by the rate of 0.5% per annum
(2) Since June 1, 2013, Defendant A lost the benefit of time and caused a credit guarantee accident, the Plaintiff subrogated to the said lending institution for the purpose of performing the guaranteed obligation under the said credit guarantee agreement (including KRW 171,185,682 (including the outstanding principal of the loan) on the 26th of the same month.
The Plaintiff collected KRW 46,842,200 (total amount subject to attached Form) in sequence from July 12, 2013 to October 31, 2014, and remains 124,343,482.
(3) The calculation of the final amount of damages incurred from the date of payment by subrogation to the date of collection (the date of appropriation) shall be as set forth in the attached Form, which is 2,323,854 won by the Plaintiff’s appropriation of the amount of recovery by subrogation.
The defendant A does not repay the above loan obligations that are guaranteed by the defendant A.