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1. The Defendants are jointly and severally and severally liable to the Plaintiff for 5,732,388 won and the period from August 24, 2015 to January 15, 2016.
Reasons
1. Determination as to the cause of claim
(a) The following facts may be acknowledged, either in dispute between the parties or in each entry in Gap evidence 1 to 5, by integrating the whole purport of the pleadings:
1) The Plaintiff is Defendant A’s Dong Branch Co., Ltd. (hereinafter “instant bank”).
(C) According to each of the above credit guarantee agreements, when the Plaintiff performed the guaranteed obligation, the Defendants decided to reimburse the Plaintiff the amount of subrogation and the damages for delay by the rate determined by the Plaintiff (12% per annum from December 1, 2012) based on the provisions of the Credit Guarantee Fund Act, etc., and the guarantee fee, administrative fine, penalty, substitute payment, etc., and other incidental expenses.
3) However, on June 22, 2015, Defendant A lost the benefit of time due to the occurrence of a credit guarantee accident due to an application for individual rehabilitation. Accordingly, on August 24, 2015, the Plaintiff on behalf of the Plaintiff at KRW 5,732,38 (i.e., the total amount of the principal and interest of the loan to the said bank around August 24, 2015 (i.e., the amount of subrogation based on the first guarantee letter KRW 32,493,860).
B. According to the above facts of determination, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 55,732,388, and the damages for delay calculated at the rate of 12% per annum from August 24, 2015, which is the date of delivery of a copy of the complaint in this case, to January 15, 2016, which is the date of delivery of a copy of the complaint in this case, and the damages for delay calculated at the rate of 15% per annum from the following day to the date of full payment.
2. On the determination of the Defendants’ assertion, the Defendants are scheduled to file an application for individual rehabilitation procedures, and Defendant B has already been subject to individual rehabilitation procedures.