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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 130,559,085 and KRW 130,000,885 among them, from May 27, 2014 to December 27, 2014.
Reasons
1. Basic facts
A. On February 26, 2009, the Plaintiff issued a credit guarantee certificate with the guarantee number E, 127,500,000, and the guarantee term on February 25, 2010 (the subsequent change to February 21, 2014), and the Defendant Company guaranteed the obligation to repay the principal and interest to be paid by receiving a loan from the Busan Bank (hereinafter “the credit guarantee agreement of this case”), and the Defendant Company was loaned KRW 150,000,000 from the Busan Bank on February 26, 2009 pursuant to the credit guarantee agreement of this case.
B. At the time of the credit guarantee agreement of this case, the Plaintiff and the Defendant Company agreed to pay to the Plaintiff, without delay, the amount of subrogation and damages for delay in accordance with the prescribed rate determined by the Plaintiff from the date of subrogation to the date of full payment of the liability for subrogation. The rate of damages for delay determined by the Plaintiff is 12% per annum.
C. Meanwhile, Defendant B, C, and D guaranteed the Defendant Company’s obligation to the Plaintiff based on the instant credit guarantee agreement.
However, on May 27, 2014, the Plaintiff paid the amount by subrogation to the Busan Bank on the wind that the Defendant Company did not pay the total of KRW 130,000,000 and interest KRW 2,500,885, out of the loan principal, and KRW 558,200 have occurred.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, Defendant A, as a principal debtor, and Defendant B, C, and D, as a joint and several surety, jointly and severally, KRW 130,559,085,00,000,000,000,000 for subrogation and penalty, and KRW 130,000,885,000 for subrogation, which is the date of subrogation, shall be 12% per annum under the agreement from May 27, 2014 to December 24, 2014, which is the date of final delivery of a copy of the complaint in this case.