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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 53,937,157 as well as KRW 50,026,59 as to the Plaintiff’s KRW 50,026,59 from August 29, 2014 to March 2015.
Reasons
1. Determination as to the cause of claim
A. Fact 1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant Company”) on December 3, 2007.
As between the Defendant and the Bank of Korea (hereinafter “Nonindicted Bank”), the Defendant Company is the Bank of Korea (hereinafter “Nonindicted Bank”).
(2) In obtaining a loan from the following table, a credit guarantee agreement concerning the obligation to repay the principal and interest of the loan (hereinafter referred to as the “credit guarantee agreement of this case”) shall apply:
Defendant B, C, and D jointly and severally guaranteed the obligation owed by the Defendant Company to the Plaintiff pursuant to the aforementioned agreement. According to the instant credit guarantee agreement, if the Defendant Company was unable to pay the loan to the Plaintiff, the Defendant Company would pay the Plaintiff the amount of the loan repaid by the Plaintiff and the damages for delay in accordance with the rate determined by the Plaintiff from the date of full payment to the date of full payment, and the legal procedure expenses incurred by the Plaintiff for the execution and preservation of the loan. The Defendant Company, on December 3, 2007, extended the period of guarantee principal (which was extended on November 28, 2014) to the Bank (which was extended on December 127, 2007, 50,500,000, as the loan of the Bank with the guarantee principal (which was extended on December 28, 2014) to Nonparty 150,000,000,000,0000 won and interest (which was 150,000,00 won).
3) Meanwhile, on January 21, 2015, Defendant C and B paid a total of KRW 81,469,968 to the Plaintiff on January 21, 2015 (i.e., KRW 42,500,00 in the amount repaid to Defendant C and KRW 38,969,968 in the amount repaid to the Plaintiff (= KRW 131,496,567 - KRW 81,469,968 in the amount repaid to the Plaintiff), and the remaining principal of the loan remains at present is KRW 50,026,59 in the amount repaid to the Plaintiff (= KRW 131,496,567 in the amount of KRW 81,469,968 in the aggregate). The final delay damages incurred from January 21, 2015 from the date of subrogation are KRW 3,910,58 in the aggregate. [Grounds for recognition] There is no dispute or the Plaintiff is an entry