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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 102,139,143 and KRW 101,798,726 among them, from April 1, 2015 to October 1, 2015.
Reasons
1. Basic facts
A. On July 5, 2013, the Plaintiff entered into a credit guarantee agreement between Defendant A Co., Ltd. (hereinafter “Defendant Company”) and the Industrial Bank of Korea with respect to loans from the Industrial Bank of Korea, with a guarantee principal of KRW 100 million, and damages for delay from the same date to July 4, 2014, and with a rate determined by the Plaintiff (12% per annum from December 1, 2012) and issued a credit guarantee agreement to the Defendant Company, and the Defendant B provided a joint and several surety for all the obligations that the Defendant Company should bear to the Plaintiff pursuant to the said credit guarantee agreement.
B. On July 5, 2013, the Defendant Company submitted the credit guarantee agreement and obtained a loan of KRW 100 million to the Industrial Bank of Korea, and the Plaintiff and the Defendant Company changed the term of the credit guarantee agreement until July 3, 2015.
C. A credit guarantee accident due to overdue payment of principal and interest occurred on November 5, 2014. On April 1, 2015, the Plaintiff paid 101,798,726 won to the Industrial Bank of Korea (i.e., principal KRW 100,798,726) to the Defendant Company, and used 340,417 won at the cost of preserving the rights agreed to be borne by the Defendant Company.
[Grounds for recognition] Evidence Nos. 1 through 8, the purport of the whole pleadings
2. According to the above facts, Defendant B, a principal debtor, and joint and several sureties, are jointly and severally liable to pay to the Plaintiff 102,139,143 won and 101,798,726 won, which were subrogated by the Plaintiff to the Industrial Bank of Korea, from April 1, 2015 to October 27, 2015, which was the last service of the payment order decision of the court 2015 B and 12% per annum under the agreement and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day until the full payment date.
3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.