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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 102,957,595 and KRW 101,759,890 among the Plaintiff and the Plaintiff’s KRW 101,759,890 from July 11, 2013 to July 2013.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 5, Eul evidence 2 and 4.
On June 29, 2009, the Plaintiff entered into a credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) with Defendant A with the terms of a credit guarantee agreement between June 29, 2009 and June 28, 2010 (the extended period from June 29, 2009 to June 28, 2013) with the guarantee amount of KRW 100,000,000, and the guarantee period of KRW 100,000,000, and Defendant B entered into a joint and several guarantee agreement with the Plaintiff on the same day.
Meanwhile, when the Plaintiff performed the guaranteed obligation at the time of the instant credit guarantee agreement, the Plaintiff and Defendant A paid damages for delay in accordance with the interest rate set by the Plaintiff from the date of performance to the date of full payment. If the guaranteed person fails to perform the principal obligation within the period of guarantee, he shall pay a penalty at the rate of 2.4% per annum on the balance of the principal of the outstanding principal obligation during the period from the day after the date of payment of the final guarantee fee to the day before the date of payment of the principal payment, and the Plaintiff agreed to receive the expenses incurred
From July 11, 2013, the rate of delay damages applied to the Plaintiff from July 11, 2013 is 12% per annum.
B. On June 29, 2009, Defendant A loaned KRW 100,000,000 from the Korea Cmat Bank in accordance with the instant credit guarantee agreement, and paid guarantee fees to the Plaintiff by June 28, 2013.
However, Defendant B did not pay interest on April 30, 2013 and caused a credit guarantee accident. Based on the instant credit guarantee agreement, the Plaintiff subrogated to the Korea C&T Bank totaling KRW 100,000,000 and interest on the loan amount of KRW 1,759,89,890 on July 11, 2013.
C. Defendant A pays the final guarantee fee.