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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 957,513,278 and KRW 340,330,027 from May 23, 2019 to 44.
Reasons
1. Basic facts
A. The Plaintiff entered into a credit guarantee agreement (hereinafter “each of the credit guarantee agreements of this case”) with the non-party company C (hereinafter “non-party company”) on the debt to be borne by the non-party company by obtaining a loan from the bank as indicated in the following table. The Defendants jointly and severally guaranteed the debt to be borne by the non-party company based on each of the credit guarantee agreements of this case. The non-party company was provided with a credit guarantee agreement of this case.
1. The amount of loan guaranteed by the Governor No. 507,50,500,000,000 on September 21, 2016, 2016, DES Bank 1. 597,000,000,000 on September 23, 2016, on September 21, 2016, 2016, 486,000,000,000,000 on September 20, 2019 on September 20, 2016, HI Bank 200,000,000 on September 21, 2016, HI Bank 200,000,000,000,000,000,000,00 on February 13, 2019.
On May 23, 2019, the Plaintiff subrogated to the E Bank for KRW 346,852,017, and KRW 444,802,965 to the G Bank on May 30, 2019, and KRW 170,378,888,880 to the I Bank on July 3, 2019.
C. According to each credit guarantee agreement of this case, the rate of damages for delay payable to the Plaintiff when the Plaintiff fulfilled the guaranteed obligation is 8% per annum.
The Plaintiff’s 6,521,990 won recovered from Nonparty Company for the repayment of the subrogated principal and the amount of subrogated payment is KRW 95,511,872 (i.e., KRW 340,330,027, KRW 2, KRW 4444,802, KRW 965, KRW 3378,880). The amount of subrogated payment is KRW 9,266 from the date of subrogated payment to the date of recovery. The amount of liquidated payment is KRW 1,92,140 (= KRW 7,213,650 - KRW 5,210,510).
[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings
2. According to the above facts of determination, the Defendants jointly and severally held as joint and several surety of the non-party company amounting to KRW 957,513,278 (i.e., the amount of subrogated payment of KRW 955,511,872, the amount of subrogated payment of KRW 9,266, the amount of subrogated payment of KRW 1,92,140) and the amount