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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 47,613,355 and KRW 45,951,065 among them, from December 14, 2004 to May 14, 2005.
Reasons
1. Basic facts
A. In this case, this Court held on December 12, 2005 that "the defendants jointly and severally pay to the plaintiff 46,153,005 won and 45,951,065 won among them, 18% per annum from December 14, 2004 to May 31, 2005, 15% per annum from the next day to November 7, 2005, and 20% per annum from the next day to the day of full payment."
B. The judgment of this case became final and conclusive around that time.
B. Meanwhile, the Plaintiff and Defendant A et al. are the Defendant Company.
According to a credit guarantee agreement concluded between the Plaintiff and the Defendant Company, when the Plaintiff performed the guaranteed obligation, the Defendant Company paid to the Plaintiff the amount of subrogated payment made by the Plaintiff for the performance of the obligation, damages for delay in accordance with the interest rate determined by the Plaintiff from the date of subrogation to the date of repayment of the obligation for reimbursement for indemnity, ② the interest rate determined by the Plaintiff shall be 18% per annum from January 1, 1999 to May 31, 2005 and 15% per annum thereafter. (c) The interest rate for delay determined by the Plaintiff shall be 1,460,350 won for legal procedure expenses incurred by the Plaintiff after the judgment in this case, and penalty for attempted payment additionally occurred shall be 201,940 won. [The fact that there is no ground for recognition, Gap 1, and 2], and the purport of the entire pleadings as a whole.
2. According to the facts of the determination as to the cause of the claim, the Defendants are jointly and severally obligated to pay to the Plaintiff 47,613,355 won (i.e., 45,951,065 won for statutory procedure expenses of KRW 1,460,350 for failed penalty of KRW 1,460 for failed payment of the subrogated amount of KRW 1,45,951,065 and the subrogated amount of KRW 45,951,065 for the amount of 18% per annum from December 14, 2004 to May 31, 2005; 15% per annum from the following day to November 7, 2005; 20% per annum from the next day to September 30, 2015; and damages for delay by 15% per annum from the next day to the date of full payment.
The plaintiff shall pay by subrogation 45,951.