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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 52,461,068 and KRW 52,436,868 among them, respectively.
Reasons
1. Basic facts
A. On February 27, 2014, the Plaintiff entered into a credit guarantee agreement with the Defendant Dispute Settlement Bank Co., Ltd. on the credit guarantee principal 50,000,000, and February 27, 2018, in order to guarantee the repayment of the principal and interest of the loan to the Defendant Dispute Settlement Bank Co., Ltd., and concluded a credit guarantee agreement with the Defendant Dispute Settlement Bank Co., Ltd. on December 4, 2015 to secure the payment of the principal and interest of the credit guarantee principal 42,50,000,000, and the guarantee term on December 4, 2020.
(hereinafter “each credit guarantee agreement of this case”). When entering into each credit guarantee agreement of this case, Defendant A agreed to pay the Plaintiff additional guarantee fee from the day following the date of payment of the guarantee fee to the day of termination of the guarantee fee to the date of termination of the guarantee, if the Plaintiff is to repay the loan granted by the Plaintiff under the Plaintiff’s credit guarantee agreement of this case or lose the payment of the loan, and thereby the Plaintiff is to pay the guarantee fee to the Plaintiff.
Defendant B jointly guaranteed all the obligations that Defendant B owes to the Plaintiff according to the credit guarantee agreement in this case.
B. Defendant A shall submit a credit guarantee statement issued by the Plaintiff to each credit guarantee agreement in this case, and receive loans of KRW 50,000,000 on February 27, 2014, and KRW 50,000,000 on December 4, 2015, respectively from the Credit Guarantee Agreement Co., Ltd.
C. On May 30, 2017, as the Defendant A has a guarantee accident in arrears with the said loan principal, the Plaintiff subrogated for KRW 52,757,802 to the Dispute Resolution E on October 13, 2017.
Since then, the plaintiff collected 320,934 won and collected 52,436,868 won in the amount of subrogation, and 24,200 won in additional guarantee fees.
On the other hand, the rate of damages for delay determined by the Plaintiff as to the amount of subrogated payment for guaranteed obligation is 10% per annum from the date of payment
E. Defendant B is the only property between Defendant C on May 19, 2017.