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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 270,387,98 and KRW 269,931,385 among them.
Reasons
1. Basic facts
A. The Plaintiff’s claim for reimbursement 1) On June 3, 2010, the Plaintiff is the Defendant A Co., Ltd. (hereinafter “A”).
B) As to the loan that Defendant A received from the Industrial Bank of Korea, Defendant A entered into a credit guarantee agreement with the term of June 2, 201 as the guaranteed amount of KRW 285,000,000, and the term of guarantee on June 2, 201, and subsequently changed the term of guarantee to November 28, 2014 (hereinafter “instant credit guarantee agreement”).
3) Defendant A’s in-house director is the joint and several surety (hereinafter “instant joint and several surety agreement”) with Defendant A’s liability for indemnity to the Plaintiff in accordance with the instant credit guarantee agreement.
(2) On June 10, 2010, Defendant A submitted a credit guarantee certificate issued by the Plaintiff to the Industrial Bank of Korea and borrowed KRW 295,00,000 (hereinafter “instant loan”).
3) According to the instant credit guarantee agreement, when the Plaintiff performed the guaranteed obligation under the instant credit guarantee agreement, Defendant A and Defendant B, a joint and several surety, immediately pay the amount of subrogation by subrogation, delay damages therefor, and expenses incurred in compensating for the rights acquired through the discharge of the guaranteed obligation, etc. The damages for delay on the amount of subrogation shall be based on the rate of delay damages determined by the Plaintiff. The rate of delay damages determined by the Plaintiff is 12% per annum after December 1, 2012. 4) Defendant A caused a credit guarantee accident involving delinquency in paying the principal of the instant loan on August 31, 2014.
5) On December 24, 2014, the Plaintiff subrogated for KRW 270,971,581 to the Industrial Bank of Korea under the instant credit guarantee agreement, and appropriated KRW 1,040,196 paid by the Defendant for the amount of subrogated payment on the same day. Accordingly, the Plaintiff’s subrogation payment remains 269,931,385 won (=270,971,581 - 1,040,196), and the amount of finalized delay for KRW 1,040,196 is 341 won (=1,040,196 x 12% per annum x 365, and less than KRW 6).