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1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 91,528,950 and KRW 91,064,109 among them.
Reasons
1. Determination as to the claim for indemnity and the right to be preserved against fraudulent act
A. Facts of recognition 1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant Company”) on March 29, 2012 under the joint and several sureties by Defendant B.
A) A credit guarantee agreement was concluded on March 28, 2013 with the guaranteed principal of KRW 90,00,000, and the guaranteed term of KRW 90,000,000, and the guaranteed term of March 28, 2013 (up to March 27, 2014), and the Defendant Company received a loan of KRW 100,000 from our bank after obtaining a credit guarantee certificate under the said agreement. According to the said credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, Defendant B, a joint guarantor, paid to the Plaintiff all incidental obligations, such as the amount of subrogation and legal procedures for preserving the execution of the claim. Meanwhile, the agreed interest rate on the subrogation is 12% per annum. (2) On the other hand, the Defendant Company lost the interest of the said loan due to the suspension or discontinuation of business on February 13, 2014, the Plaintiff subrogated the said bank with the principal and interest of the loan on May 30, 2014.
After that, on June 2, 2014, the Plaintiff recovered KRW 800,000 from Defendant Company and Defendant B, and the amount of subrogation remains KRW 91,064,109.
3) The Plaintiff spent KRW 215,249 as the expenses for preserving the claim for reimbursement against the Defendant Company and Defendant B. In addition, there were KRW 248,540 of the agreed penalty, and KRW 1,052 of the agreed delay damages on KRW 80,000 of the recovered part of the said amount. [In the absence of any dispute between the parties to the grounds for recognition, each entry in the evidence Nos. 1-7, and the purport of the entire pleadings
B. According to the above facts of determination, the defendant company and the defendant Eul jointly and severally committed against the plaintiff as to the amount of KRW 91,064,109, penalty of KRW 248,540, and penalty of KRW 215,249, and the amount of KRW 1,052,052, as to the amount of KRW 91,528,950, and the amount of subrogated payment of KRW 91,064,109, which is the date of payment by subrogation, from May 30, 2014, to October 27, 2014, which is the date of service of the complaint of this case.