beta
Text
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 310,807,847 and KRW 305,654,641 among the Defendants, from March 8, 2016 to May 1, 2017.
Reasons
1. Basic facts
A. On May 27, 2011, the Plaintiff entered into a credit guarantee agreement with C (hereinafter “C”) with the guarantee principal amount of KRW 900,000,000, and the guarantee period from May 27, 2011 to May 24, 2019.
B. On December 31, 2013, C succeeded to the entire rights and obligations of C by absorption into A Co., Ltd. (hereinafter “A”) (hereinafter “A”).
C. On June 30, 2014, the Plaintiff changed the primary debtor under the above credit guarantee contract from C to A, and the Defendant B, a joint and several surety, also accepted it.
According to the above credit guarantee contract, when the plaintiff fulfilled the guaranteed obligation under the contract, C shall pay to the plaintiff the amount of the subrogated payment and the damages for delay in accordance with the rate determined by the plaintiff from the date of subrogated payment to the date of full payment of the amount of indemnity obligation.
E. C received a loan of KRW 342,00,000 from the Small and Medium Business Corporation after providing a credit guarantee certificate issued by the Plaintiff under the said credit guarantee contract, but due to the aggravation of financial standing, C lost the benefit of the principal due to default around October 26, 2015.
F. On March 8, 2016, the Plaintiff subrogated to the Small and Medium Business Corporation KRW 347,665,230, and recovered KRW 42,010,589 from A to recover KRW 305,654,641 (i.e., KRW 347,665,230 - KRW 42,010,589). The damages for delay for partial recovery are KRW 2,923,476.
G. C did not pay the guarantee fee within the due date for payment, the unpaid guarantee fee was paid at the rate of 10% per annum on the unpaid guarantee fee. A delayed payment of KRW 2,688,210 from May 29, 2015 to October 26, 2015. Accordingly, the overdue guarantee fee is KRW 111,210, and the overdue charge determined by the Plaintiff is KRW 2,118,520.
H. The Plaintiff’s interest rate on delay is 12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from the following day to the date.
[Ground of recognition] Unsatisfy, A(1) through (3)