beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 44,735,604 and KRW 39,608,233 among them, from June 27, 2014, and KRW 4,840.
Reasons
1. Facts of recognition;
A. On November 20, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A with a guarantee principal of KRW 10,000,000 (hereinafter “the first credit guarantee agreement of this case”). On October 28, 201, the Plaintiff entered into a credit guarantee agreement with a guarantee principal of KRW 40,000 (hereinafter “the second credit guarantee agreement of this case”). Defendant B jointly and severally guaranteed the obligation owed by Defendant A pursuant to the first and second credit guarantee agreement of this case.
B. The first and second credit guarantee agreements of this case provide that the Defendants shall pay to the Plaintiff all the expenses paid by the Plaintiff in relation to the legal procedure for preserving the execution of the claim, and the rate and calculation method set by the Plaintiff, and penalty for breach of contract, etc.
C. Under the instant credit guarantee agreement, the Plaintiff guaranteed Defendant A’s loan obligations to a corporate bank and our bank, a stock company, according to the instant credit guarantee agreement. On November 11, 2013, the Plaintiff paid KRW 4,840,091, and KRW 39,608,233 in accordance with the instant secondary credit guarantee agreement to the corporate bank on August 5, 2014 as the Defendant’s credit guarantee accident occurred.
The amount of subrogation as of February 11, 2014 is KRW 44,448,324 (i.e., the amount of subrogation under the second credit guarantee agreement of this case, KRW 4,840,091 under the second credit guarantee agreement of this case), KRW 39,608,233,00 for attempted guarantee fees, KRW 63,820 for substitute payments, KRW 223,460 for substitute payments (i.e., preservation expenses 297,290 - KRW 73,830 for recovery), and the rate of damages for delay determined by the Plaintiff from September 28, 2013 for delay is 12% per annum.
[Ground for recognition] / Defendant A: A without dispute; entry of Gap evidence 1 through 6; purport of the whole pleadings; Service by public notice (Article 208(3)3 of the Civil Procedure Act)
2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendants shall jointly and severally pay to the Plaintiff KRW 44,735,60 as the amount of indemnity = 44,448,324 as the amount of subrogated payment = 63,820.