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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 102,628,370 and KRW 102,396,061 among them.
Reasons
1. Indication of claim;
A. Defendant A and B claim 1) The Plaintiff set the guaranteed amount of KRW 135 million on April 24, 2012 and the guaranteed term of KRW 135 million on April 21, 2017, and the Defendant A Co., Ltd. (hereinafter “Defendant Company”).
A) The Defendant Company entered into a credit guarantee agreement with one bank as a collateral, and the Defendant Company received a loan of KRW 150 million from one bank as a collateral. Defendant B jointly and severally guaranteed the said credit guarantee agreement. (2) The Defendant Company and the Defendant B agreed to pay to the Plaintiff the amount of the said credit guarantee agreement, the amount paid by subrogation, and the damages for delay in accordance with the rate determined by the Plaintiff from the date of repayment to the date of full payment for the exercise or preservation of the right to indemnity, and all incidental charges, such as the legal procedure cost paid by the Plaintiff for
The Plaintiff’s interest rate for delay under the above credit guarantee agreement is 12% per annum after December 1, 2012.
3) The Defendant Company caused a credit guarantee accident in which the payment of the principal and interest of the above loan was overdue, and the Plaintiff subrogated for KRW 102,825,865 to Han Bank on September 29, 2014. 4) The Plaintiff collected total of KRW 429,804 won from the Defendant Company on September 29, 2014, and KRW 429,804 from December 17, 2014, and collected total of KRW 102,396,061.
According to the recovery of the above money, 561 won was incurred, and the Plaintiff paid substitute payment of 231,748 won to preserve the claim for reimbursement.
5) Therefore, Defendant A and Defendant B jointly and severally agreed to the Plaintiff KRW 102,628,370 (i.e., KRW 102,396,061 of the remainder of the indemnity amount of KRW 561 of the substitute payment of KRW 231,748 of the amount of indemnity and KRW 102,396,061 of the remainder of the indemnity amount of KRW 102,396,061 of the amount of subrogation, which is the date of subrogation, from September 29, 2014 to September 24, 2015, the agreed interest rate of KRW 12% per annum, which is the date of final delivery of the copy of the complaint in this case, and from the next day to September 30, 2015, the annual interest rate of KRW 20% as stipulated by the Act on Special Cases Concerning Expedition,