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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 146,012,961 and KRW 21,118,823 among them, from March 21, 2016 to 123.
Reasons
1. Facts of recognition;
A. Under the joint and several guarantee of Defendant B, the Plaintiff entered into a credit guarantee agreement with Defendant A on December 17, 2004, setting the credit guarantee principal of KRW 120 million with respect to the repayment obligation of KRW 150,000,000 from the Industrial Bank of Korea, and the guarantee period from December 17, 2004 to December 16, 2005 (which was extended to June 3, 2016), and entered into a credit guarantee agreement with the said Defendant on December 13, 2013, with respect to the repayment obligation of KRW 26,00,000 (which was reduced to KRW 20,000,000) with the credit guarantee principal of KRW 2,210,000 (which was reduced to KRW 20,80,000,000) with respect to the repayment obligation of KRW 150,000 from the New Bank (which was extended to December 13, 2013).
B. A credit guarantee accident occurred due to Defendant A’s delinquency in the principal and interest of loan. On March 21, 2016, the Plaintiff paid to the new bank KRW 21,118,823 as the principal and interest of loan, and on October 19, 2016, to the Bank of Korea, KRW 123,918,68 as the principal and interest of loan.
The sum is KRW 145,037,511.
C. At the time of entering into a credit guarantee agreement, the Plaintiff and Defendant A paid a penalty for delay in the event of the performance of a credit guarantee obligation, and paid a compensation for delay in the amount of subrogated payment at the prescribed rate of the Plaintiff. The penalty for delay due to the performance of the said credit guarantee obligation is KRW 975,450, and the prescribed delay rate of the Plaintiff is 10% per annum after February 1, 2016.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings
2. According to the above facts of determination, the Defendants jointly and severally committed to the Plaintiff KRW 146,012,961 (i.e., 145,037,511 won by subrogation) and 21,118,823 won by subrogation, which is the date of subrogation, for the amount of KRW 123,918,68 from March 21, 2016, to October 19, 2016, which is the date of subrogation, and from November 29, 2016, to November 29, 2016, the rate of delay interest per annum, which is 10% per annum, and from the next day to the date of full payment, 15% per annum under the Act on Special Cases concerning the Promotion of Legal Proceedings.