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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 187,554,645 and KRW 179,019,507 among them, from January 13, 2012 to November 2012.
Reasons
1. Facts of recognition;
A. On February 27, 2009, the Plaintiff agreed to guarantee the obligation to a company of Han Young-gu Co., Ltd. (hereinafter “Korea Young-gu”) by guaranteeing the repayment of loans to Han Young-gu Co., Ltd. on the same day, and on the same day, guarantees the amount equivalent to KRW 950,000,000, equivalent to KRW 955% of the corporate bank loans, and issued a credit guarantee certificate as of February 26, 2010.
B. At the time of the above agreement, where the Plaintiff subrogated for a loan to an enterprise bank as a result of the performance of a guaranteed obligation, the Plaintiff was entitled to receive the amount of subrogated payment and damages for delay at the rate of damages determined by the Plaintiff from the date of subrogation to the date of completion of indemnity. The rate of damages for delay determined by the Plaintiff is 15% per annum from June 1, 2005 to November 30, 2012, and 12% per annum from the next day to the date of closing argument of the instant case.
C. The Defendants, on the same day, jointly and severally guaranteed all obligations owed to the Plaintiff by Han Young-gu under the agreement between the Plaintiff and Han Young-gu.
On March 24, 2009, Han Young-gu loaned KRW 1,000,00 from an enterprise bank pursuant to the credit guarantee agreement. The Plaintiff changed the term of guarantee to September 25, 2009, and then extended the term of guarantee to September 24, 2009. The term of guarantee extended on September 24, 2010 until September 23, 201, the term of guarantee was changed to KRW 680,000,00, and on September 21, 201, the term of guarantee was changed to KRW 612,00,000.
E. After January 13, 2012, the Plaintiff subrogated 617,270,124 won for the repayment of the principal and interest of the principal and interest of the Han Young-gu loan to a corporate bank. The Plaintiff collected KRW 2,734,00 on the same day from Han Young-gu, May 8, 2013, including KRW 7,080,125, and KRW 27,270,610 on the same day, and KRW 37,084,775 (=2,734,040 + KRW 7,080 + KRW 7,080 + KRW 27,270,610 on the basis of calculation of the amount of subrogation recovered by the Plaintiff.