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1. As to Defendant A, B, and C’s joint and several payment of KRW 64,207,838 and double payment of KRW 62,745,408 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) with the following terms (hereinafter “instant 1 and 2 credit guarantee agreement”).
The date of the conclusion of the instant credit guarantee agreement - February 20, 2009: General loan - amount of guarantee: 47,500,000 won (the change to KRW 42,50,000 after this year): The term of guarantee: February 20, 2009 to February 19, 2010 (the change to February 14, 2014 thereafter) the date of the instant credit guarantee agreement - the date of the conclusion of the instant credit guarantee agreement: June 28, 2010 - General loan to a corporate bank - the amount of guarantee - the amount of guarantee 51,00,000,000 - the term of guarantee: from June 28, 2010 to June 26, 2015, the Defendant B and C provided the indemnity against the Defendant Company’s debt guarantee agreement as joint and several surety.
B. Upon filing a claim with the Plaintiff for the performance of the guaranteed obligation on the grounds of delinquency in the principal and interest of the Defendant Company, the Plaintiff subrogated to the Company Bank on May 16, 2014 ( KRW 62,745,408, supra, KRW 43,341,820, the instant 2 credit guarantee agreement 19,403,58).
At the time of each credit guarantee agreement in this case, the Defendant Company agreed to pay, respectively, damages for delay in accordance with the rate determined by the Plaintiff (12% per annum) from the date of subrogation to the date of full payment, ② expenses incurred by the Plaintiff in executing, preserving, exercising, or conducting legal procedures for such payment, ③ if the Defendant Company fails to pay the principal obligation within the guarantee period, the amount from the date following the date of the last guarantee fee to the date of the date of payment by subrogation shall be 1.7% per annum on the balance of the principal
In the case of Defendant Company, ② The amount of money is KRW 1,284,280; ③ The amount is KRW 178,150,000 for a penalty for 90 days from February 15, 2014 to May 15, 2014.
C. On March 4, 2014, Defendant B issued an order with Defendant D on March 4, 2014
The real estate stated in the subsection (hereinafter referred to as “instant real estate”).