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The Plaintiff
A. Defendant A and Defendant B jointly and severally share KRW 118,452,393 and KRW 101,886,636 among them.
Reasons
1. Facts of recognition;
A. On August 27, 2019, the Plaintiff entered into a credit guarantee agreement with Defendant A with the terms of ① 101,00,000 won with the guaranteed principal, the credit guarantee agreement with the term of August 26, 2020 (hereinafter “instant credit guarantee agreement”), ② the guaranteed principal of KRW 16,40,000, and the term of the guarantee (hereinafter “credit guarantee agreement of this case”) as of August 26, 2020, and issued a credit guarantee agreement to Defendant A.
B. Meanwhile, in the event that the Plaintiff fulfilled each credit guarantee obligation under the Credit Guarantee Agreement, Defendant B Co., Ltd. jointly and severally guaranteed the liability for indemnity to be borne by Defendant A to the Plaintiff, and Defendant C jointly and severally guaranteed the liability for indemnity to be borne by Defendant A when the Plaintiff fulfilled the credit guarantee obligation under the Credit Guarantee Agreement.
C. Based on the instant credit guarantee agreement, Defendant A borrowed KRW 101,00,000 from the D Bank, and KRW 16,400,000 from the D Bank according to the instant credit guarantee agreement.
Afterward, Defendant A lost the benefit of time due to delinquency in payment of interest on each of the above loans against D Bank. On April 22, 2020 upon the request for the performance of the guaranteed obligation of D Bank, the Plaintiff subrogated to D Bank KRW 102,249,709 based on the First Credit Guarantee Agreement, and recovered KRW 363,073 out of the amount of subrogated payment on the same day. On May 21, 2020, Defendant A subrogated to D Bank KRW 16,609,227 based on the Second Credit Guarantee Agreement, and recovered KRW 43,580 out of the amount of subrogated payment on the same day.
E. At the time of each credit guarantee agreement, the Plaintiff and Defendant A agreed to pay damages for delay at the rate determined by the Plaintiff when the Plaintiff performed the guaranteed obligation, and the rate of damages for delay determined by the Plaintiff is 10% per annum from the date of the subrogation in this case
【Reasons 1 through 4 (including branch numbers for those with separate numbers) of each evidence of recognition basis.