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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 573,576,451, and KRW 573,576,120, out of the said money.
Reasons
1. Facts of recognition;
A. On September 7, 2009 and September 29, 2009, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and the Defendant Company A (hereinafter “Defendant Company”) with each of the following credit guarantee agreements (hereinafter “the instant credit guarantee agreement”) in order to secure the obligation arising from loans of KRW 160,000,000 from an enterprise bank as a loan for small and medium enterprise loans, and 475,000,000, in order to secure the obligation arising from the loans from the enterprise bank, the Defendant Company received a total of KRW 80,000,000 from the enterprise bank as collateral.
D C
B. The defendant B jointly and severally guaranteed all the repayment obligations under the credit guarantee agreement of this case (hereinafter referred to as the "joint and several sureties of this case").
C. On July 7, 2015, the occurrence of a credit guarantee accident by the Plaintiff and the Plaintiff’s credit guarantee accident (e.g., interest on loans by Defendant Company) occurred, and the Plaintiff subrogated to an enterprise bank as follows, with the guarantee liability under the instant credit guarantee agreement.
CD
D. Under the credit guarantee agreement in this case, when the obligor did not repay the guaranteed obligation such as the loan, and the Plaintiff performed the guaranteed obligation, the obligor agreed to pay the Plaintiff the amount required for the Plaintiff to discharge the guaranteed obligation, the penalty for attempted penalty, the amount required for the Plaintiff to compensate for the execution of the obligation, the costs required for the procedure for the enforcement of the obligation, and the damages for delay in accordance with the interest rate set by the Plaintiff as to the subrogated amount. The interest rate determined by the Plaintiff in relation to the above damages for delay is 12% per annum from the date of the above subrogation to the date of the above payment. (ii) The remainder of the Plaintiff’s claim for indemnity as of now is KRW 573,576,451 [the amount of the remainder of the subrogated amount = KRW 573,576,120 [the total amount of the subrogated amount = KRW 574,582,940 -
[Ground for Recognition] Unsatisfy, A No. 1.