beta
Text
1. Defendant A and C jointly and severally with the Plaintiff as to KRW 501,637,00 and KRW 501,636,244 among them.
Reasons
1. Determination as to the claim against Defendant A
A. On October 29, 2013, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “C”) on the credit guarantee period from October 29, 2013 to October 28, 2014, with the credit guarantee principal as KRW 512,00,00,00. Under the credit guarantee agreement, C was issued a credit guarantee agreement for loans to be borrowed from a new bank by the new bank as of October 28, 2014, and C was extended 640,00,000,000 from the new bank secured by the said guarantee period until October 29, 2014. At the time of the credit guarantee agreement between the Plaintiff and C, the Plaintiff agreed to pay the Plaintiff damages for delay as determined by the Plaintiff on December 1, 2012 to the date of repayment of the guaranteed obligation and its repayment rate from the date of the repayment of the guaranteed obligation to the Plaintiff.
3) As the representative director of C, Defendant A jointly and severally guaranteed the obligation of C to the Plaintiff according to the credit guarantee agreement of this case. 4) Defendant A delayed payment of the interest on loans around May 16, 2014, and caused a guarantee accident.
Accordingly, on May 29, 2014, the Plaintiff subrogated for KRW 503,960,684 to the new bank, and recovered KRW 2,324,440 on the same day.
5) In recovering KRW 2,324,440 as above, the Plaintiff incurred KRW 764 (i.e., KRW 2,324,40 x 12% x 12% x less than KRW 1/365, and less than KRW) from May 29, 2014, which was the date of subrogation, to May 29, 2014, which was the date of recovery from May 29, 2014.
B. According to the above facts of determination, as a joint and several surety C, Defendant A is jointly and severally a joint and several surety C, and the amount of KRW 501,637,08 [the amount of subrogation = KRW 501,636,244 [the amount of subrogation = KRW 503,960,684 [the amount of subrogation - the amount of recovery KRW 2,324,440] and the amount of finalized damages arising during the period of reimbursement under the credit guarantee agreement in this case.]