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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 121,217,621 and KRW 121,217,373 among them.
Reasons
1.The facts following the facts of recognition do not conflict between the parties or may be recognized by taking into account the overall purport of the pleadings in each entry in Gap evidence 1 to 11 (including the branch numbers if there is a serial number).
Defendant A borrowed a total of KRW 158,00,000 from the Korea Standards Bank (hereinafter “Seoul Bank”) under the Plaintiff’s credit guarantee (hereinafter “the instant credit guarantee”) dated June 22, 2007 and April 14, 2009, and Defendant A guaranteed a joint and several liability owed by Defendant A to the Plaintiff in accordance with the credit guarantee agreement of this case.
B. On July 19, 2010, when a credit guarantee accident under the instant credit guarantee agreement, such as default of national taxes and registration of credit management information, occurred, the Plaintiff repaid KRW 121,823,013 in total, including the principal and interest of the said loan, to the Japanese bank on behalf of the Defendant A on November 23, 2010 in accordance with the instant credit guarantee agreement, and recovered KRW 605,640 from the Defendants.
C. Meanwhile, under the instant credit guarantee agreement, the agreement on the amount of subrogation by the Plaintiff is 15% per annum from the date of subrogation until November 30, 2012, and 12% per annum from the next day, and the amount of subrogation from the date of subrogation to the date of recovery is 248 won.
2. Determination
A. According to the facts of the determination as to the claim against the defendant A, the defendant A is jointly and severally obligated to pay 121,217,621 won [=121,217,373 won in balance of the subrogated principal (=21,823,013 won in subrogation principal - 605,640 won in subrogation)] and 121,217,373 won in the remainder of the subrogated principal (121,21,217,373 won in subrogation) with the defendant B during the period from November 23, 2010 to November 30, 2012, the agreed rate of 15% in advance, and 12% in the annual rate from the next day to November 5, 2014, which is the date of delivery of a copy of the complaint of this case, and Da from the next day to the date of full payment.