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1. Defendant A and B jointly and severally agreed on KRW 87,558,113 and KRW 86,842,892 among the Plaintiff and the Plaintiff.
Reasons
1. Basic facts
A. On October 16, 2007, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with a credit guarantee principal of 85,00,000,000 and the credit guarantee period of 16, 2008 (which shall be finally changed to April 25, 2014) (hereinafter “the instant credit guarantee agreement”) and issued a credit guarantee agreement, and the Defendant Co., Ltd received a loan of 100,000,000 won by submitting the said credit guarantee agreement to Korea on the same day.
At the time of the credit guarantee agreement of this case, the Plaintiff and the Defendant Company agreed to pay the Defendant Company the amount of subrogated payment, damages for delay in accordance with the rate of damages determined by the Plaintiff from the date of subrogated payment, and the Defendant Company’s representative director at the time of the credit guarantee agreement of this case, jointly and severally guaranteed all the liability for indemnity that the Defendant Company bears to the Plaintiff according to the credit guarantee agreement of this case.
B. From December 19, 2013 to December 19, 2013, the Defendant Company was unable to repay the loan due to the delay in payment of interest to the Bank. On March 31, 2014, the Plaintiff subrogated the Defendant Company’s principal and interest of the loan amounting to KRW 86,842,892 to the Bank, as prescribed by the Credit Guarantee Agreement, and paid KRW 829,710 from February 5, 2014 to February 24, 2014 to compensate for the claim for reimbursement as to the amount of subrogated payment. Of these, the Defendant Company recovered KRW 114,489 from the Defendant Company to recover KRW 115,221 (=829,710 -114,489) to the remainder of the remaining legal procedure costs to be borne by the Defendant under the Credit Guarantee Agreement.
C. The Plaintiff’s damage rate applied from the date of the above subrogation to the date of the closing of argument in the instant case is 12% per annum.
On January 10, 2014, Defendant B is below the real estate listed in the attached list, the only real estate owned by Defendant B, between Defendant C and Defendant C.