beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,494,930,793 and KRW 1,494,927,472 from December 30, 2014.
Reasons
1. Facts of recognition;
A. Defendant A’s credit guarantee agreement and joint and several sureties A’s credit guarantee agreement and Defendant B and C’s joint and several sureties A Co., Ltd. (hereinafter “Defendant A”).
B) On June 21, 2013, the term “guaranteed principal” (hereinafter referred to as the “instant credit guarantee agreement”) under the credit guarantee agreement between June 21, 2013 and “from June 21, 2013 to June 20, 2014, the amount that Defendant A wishes to obtain from a national bank, whichever is KRW 1.485 billion, and the term of guarantee (hereinafter referred to as the “instant credit guarantee agreement”).
(2) On June 17, 2014, Defendant B and C concluded a credit guarantee agreement of this case as of June 19, 2015, and changed the term of guarantee to June 19, 2015. (2) On June 21, 2013, Defendant B and C jointly and severally guaranteed the Plaintiff’s obligation under the credit guarantee agreement of this case (hereinafter “joint and severally guaranteed obligation”).
3) According to the instant credit guarantee agreement, when the Plaintiff performed the guaranteed obligation under the instant credit guarantee agreement, the Defendant A paid the Plaintiff the amount of subrogated payment and the amount of damages for delay calculated at the rate of 12% per annum as determined by the Plaintiff from the date of subrogated payment to the date of full payment. (B) Defendant A received a loan of KRW 1.6 billion as security from a national bank on June 24, 2013.
2) On September 1, 2014, the Incheon Tax Office, on the ground of delinquency in national taxes with respect to the land and above ground buildings in Seo-gu Incheon, Seo-gu, Incheon, a place of business of Defendant A, Defendant A, Defendant A, lost the benefit of the loans to the National Bank on November 4, 2014. Accordingly, the National Bank demanded the Plaintiff to repay the loans under the credit guarantee agreement of this case. On December 30, 2014, the Plaintiff subrogated the National Bank to pay the principal and interest of the loans of Defendant A (i.e., the principal amount of KRW 1.48,898,964 (= KRW 1.45 billion).
4) Afterwards, the Plaintiff appropriated the amount of KRW 8,971,492 out of the amount subrogated by Defendant A, such as the refund of guarantee fee, etc., and thus, the Plaintiff’s subrogation amount is KRW 1,494,927,472 (=1.).