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1. Defendant A Co., Ltd, B, C, and D jointly and severally with the Plaintiff KRW 123,121,601 and KRW 122,783,454 out of the amount of KRW 122,783,454. May 16, 2016.
Reasons
1. Common factual relations;
A. On May 29, 2006, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the guarantee principal of KRW 160 million and up to May 29, 2007 from the same date of the guarantee period. On the same day, Defendant B and C guaranteed the obligation to be borne by the Defendant Co., Ltd under the said credit guarantee agreement.
Since then, the Plaintiff and the Defendant Company changed the guarantee period, etc. of the above credit guarantee agreement into several occasions, and finally changed the guarantee principal into KRW 120 million, and the guarantee period into May 23, 2016. In the process, Defendant D guaranteed the Defendant Company’s obligation under the above credit guarantee agreement on May 9, 2009.
B. Under the above credit guarantee agreement, the Plaintiff and the Defendant Company agreed to pay both the amount of subrogation paid by the Plaintiff, damages for delay at the rate determined by the Plaintiff from the date of payment thereof, and legal procedure expenses incurred by the Plaintiff in order to execute or preserve claims for indemnity. The ratio of damages for delay as prescribed by the above agreement is 10% per annum after February 1, 2016.
C. Around May 29, 2006, when the Industrial Bank of Korea granted a loan of KRW 200 million at the Industrial Bank of Korea on May 29, 2007 and extended several times due, the Defendant Company failed to pay interest on the loan from November 22, 2015 due to the aggravation of the financial situation, and lost the benefit of December 23, 2015. Accordingly, the Plaintiff subrogated the Bank of Korea for KRW 122,783,454 as the principal and interest of the loan on May 16, 2016.
On the other hand, the Plaintiff spent KRW 338,147 as the legal procedure cost to preserve the above claim for reimbursement.
【Defendant Company, B, C: Article 150 (Confession) of the Civil Procedure Act, Defendant D, and E: Evidence Nos. 1 through 10 (including serial numbers; hereinafter the same shall apply) of the Civil Procedure Act, and the purport of the whole pleadings.