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1. The Defendants jointly and severally agreed with the Plaintiff 150,640,930 won and 11% per annum from July 20, 2012 to January 5, 2017.
Reasons
1. Basic facts
A. On July 29, 2011, the Plaintiff entered into an export credit guarantee agreement with C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and issued a credit guarantee agreement to guarantee trade financial obligations to Non-Party Co., Ltd.’s national bank, which continuously occurs within the scope of KRW 150 million and guarantee period from August 2, 2011 to July 31, 2012. On the same day, the Defendants jointly and severally guaranteed the obligations that Non-Party Co., Ltd. owes to the Plaintiff pursuant to the said agreement.
B. Around that time, Nonparty Company submitted the said written credit guarantee to the said bank, and borrowed KRW 150 million on April 30, 2012 from the said bank on October 26, 2012. However, around May 9, 2012, Nonparty Company lost the benefit of time upon application for rehabilitation. The Plaintiff subrogated for the said bank’s principal and interest amounting to KRW 150,640,930 on July 19, 2012 upon the request for the performance of guaranteed liability.
C. Meanwhile, according to the above credit guarantee agreement, where the Plaintiff performed the guaranteed obligation, the non-party company paid damages at the rate determined by the Plaintiff from the following day after the date of performance of the guaranteed obligation. Accordingly, the ratio determined by the Plaintiff is 11% per annum until January 5, 2017, and 10% per annum thereafter.
【Fact-finding without dispute over the basis of recognition (only between the Plaintiff and Defendant B), entry of evidence Nos. 1 and 5, and the purport of the whole pleadings
2. The allegations and judgment of the parties
A. According to the facts found by the Defendants’ obligation to perform the guaranteed obligation, barring any special circumstance, the Defendants, as joint and several suretys of the non-party company, jointly and severally, are 150,640,930 won, and 11% per annum from July 20, 2012 to January 5, 2017, the date following the Plaintiff’s subrogation payment date, and 10% per annum from the next day to November 3, 2017, respectively, for each contract delay damages from the next day to the date of full payment, and for each contract delay damages from the next day to the date of full payment.