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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 82,767,653 and KRW 82,552,325 from June 12, 2009 to August 10, 2009.
Reasons
1. Facts of recognition;
A. On June 13, 2006, the Plaintiff entered into a credit guarantee agreement (the principal of the credit guarantee agreement was set at KRW 97,750,00,000, and the credit guarantee period was from June 13, 2006 to June 12, 2007, but the last guarantee period was extended twice, and the last guarantee period was extended on May 26, 2009) with the Defendant Company A (hereinafter “Defendant Company”). The Defendant B guaranteed the Defendant Company’s obligation to the Plaintiff in accordance with the said credit guarantee agreement.
B. Based on the above credit guarantee agreement, the Defendant Company received a loan of KRW 115,00,000 from the old Central Branch of the Bank of Korea, but did not pay the principal and interest. On June 12, 2009, the Plaintiff subrogated for the total amount of KRW 82,986,945 and recovered KRW 434,320 from the Defendant Company on the same day.
C. The Plaintiff filed a claim for reimbursement against the Defendant Company and the Defendant B (2009da242174) with the Seoul Central District Court.
On December 8, 2009, the above court rendered a ruling that "the defendants jointly and severally pay to the plaintiff 82,52,503 won and 82,52,325 won among them, 15% per annum from June 12, 2009 to August 10, 2009, and 20% per annum from the following day to the date of full payment." The above ruling became final and conclusive on January 23, 2010.
In order to exercise or preserve the Plaintiff’s right to indemnity, the Defendant Company agreed to pay all incidental obligations, such as legal procedural costs and expenses on behalf of the Plaintiff. As of April 14, 2020, the above incidental obligations are KRW 215,150.
[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the defendants jointly and severally order the plaintiff to pay the above judgment amount to KRW 82,767,653 and the incidental debt amount to KRW 215,150,653, and the loan principal to KRW 82,552,325 in the judgment, 15% per annum from June 12, 2009 to August 10, 2009 and from the following day.