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1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 49,981,05 and KRW 49,980,884, among themselves.
Reasons
1. The following facts may be found either in dispute between the Parties or in full view of each entry in Gap evidence 1 to 6 (including paper numbers), Eul evidence 1 and 2 (including paper numbers), and the entire purport of the pleadings:
On April 13, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (Change from D to A, April 12, 2010), setting the guarantee principal as KRW 50,00,000, guarantee period, and up to April 12, 2010. The guarantee period of the said credit guarantee agreement was extended each year by April 11, 2014.
(hereinafter referred to as the “instant credit guarantee contract”) B.
In the instant credit guarantee agreement, where the Plaintiff subrogated for the Defendant A’s obligation under the credit guarantee agreement, the Plaintiff and the Defendant A agreed to pay the amount of subrogation to the Plaintiff and the damages for delay in accordance with the rate determined by the Plaintiff from the date of subrogation to the date of full payment. Since December 1, 2012, the rate of damages for delay determined by the Plaintiff is 12% per annum, and the Defendant B jointly and severally guaranteed the obligation of indemnity as above.
C. Defendant A, a corporation, issued a credit guarantee certificate from the Plaintiff pursuant to the instant credit guarantee contract, submitted it, and borrowed KRW 50,000,000 from the National Bank on April 17, 2009.
However, as Defendant A was unable to repay the above borrowed amount, the Plaintiff subrogated 50,502,794 won to the National Bank Co., Ltd. on July 31, 2013 in accordance with the credit guarantee contract of this case, and recovered 521,910 won on the date of subrogation.
E. On the other hand, as of June 13, 2013, E and Defendant B inherited 1.03/15 shares of 1.04/15 shares from G and held a total of 3.1/15 shares of 3.1/15 shares. On June 13, 2013, E and F Defendant B owned a total of 3.5 shares of 350,000,000 shares of 33 shares of the above 3 shares of the real estate listed in the separate sheet to Defendant C on June 13, 2013.