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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 54,112,259 and KRW 53,421,629 among the Defendants, from June 22, 2018 to July 2018.
Reasons
1.The following facts of recognition do not conflict between the Parties:
On June 7, 2017, the Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into a credit guarantee agreement with respect to the Defendant Company’s loans to the Industrial Bank of Korea (10% per annum from February 1, 2018), and Defendant B jointly and severally guaranteed the Defendant Company’s obligations, such as delayed damages.
B. On June 22, 2018, the Plaintiff subrogatedly repaid KRW 53,421,629 to the Industrial Bank of Korea.
C. According to the above credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, the Defendant Company paid the Plaintiff the subrogated payment, the provisional payment, and the additional guarantee fee. The provisional payment was 667,390 won, and the additional guarantee fee was 23,240 won, respectively.
2. Determination
A. According to the cited part, the Defendants jointly and severally liable to the Plaintiff for reimbursement of 54,112,259 won due to the performance of the Plaintiff’s guaranteed obligation (i.e., KRW 53,421,629 additional guarantee fees of KRW 667,390), and the amount of subrogation of KRW 53,421,629, whichever is the date of subrogation, is clearly recorded from June 22, 2018 to July 20, 2018, the agreed interest rate of KRW 10% per annum from the following day to May 31, 2019, to the date of final delivery of a complaint, and the amount of delay damages of KRW 53,421,629, the Defendants are jointly and severally liable to pay to the Plaintiff at the annual interest rate of Article 3(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, Feb. 28, 2019).
B. The plaintiff is entitled to pay damages for delay at the rate of 15% per annum from the day after the final delivery of the complaint to the day of complete payment.