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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 56,854,450 and KRW 56,366,760 among them, from May 8, 2019 to May 28, 2019.
Reasons
1. Facts of recognition;
A. On July 3, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) with a guarantee principal of KRW 85 million and the guarantee term until July 2, 2015 (Extension until December 28, 2018), and Defendant B jointly and severally guaranteed the obligation under the said credit guarantee agreement with the Plaintiff.
B. Defendant A obtained a loan of KRW 100 million from C Bank as collateral, but lost the benefit of time due to delinquency on December 29, 2018. On May 8, 2019, Defendant A subrogated C Bank to pay KRW 56,366,760 (interest of KRW 55,250,000 on principal) to C Bank, and paid KRW 35,100,000 with additional guarantee fees.
[Ground for Recognition] Defendant A: The fact that there is no dispute between Defendant B and Defendant B; entries in Gap evidence 1 through 6; the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, the Defendants jointly and severally liable to the Plaintiff for indemnity amounting to KRW 56,854,450 (i.e., KRW 56,366,760 additional guarantee fees of KRW 35,100, and KRW 56,366,760, which are the date of subrogation, for the amount of KRW 56,36,760, which is the date of subrogation, to May 8, 2019, which is the date of delivery of the instant complaint, until May 28, 2019, the agreed delay damages rate of KRW 10,00 per annum, which is the date of delivery of the instant complaint, and the annual interest rate of KRW 36,854,450, May 31, 2019 under the main sentence of Article 3(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019).
As above, since the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings were amended, June 2019.