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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
In fact, on December 28, 2006, the Plaintiff entered into a credit guarantee contract with a co-defendant A of the first instance trial on December 28, 2006, with the content that the guarantee number E, 96,000,000 won, and the guarantee period as of December 27, 2007, and issued the credit guarantee certificate to our bank (hereinafter “Korea bank”).
After that, the credit guarantee contract was modified on December 26, 2014 by the guaranteed amount of KRW 91,200,000 and the guaranteed period of KRW 91,20,000.
(2) On February 13, 2009, the Plaintiff entered into a credit guarantee agreement with the Plaintiff on February 12, 2010 under which the term of guarantee number F, amount guaranteed 190,00,000, and the term of guarantee was February 12, 2010, and issued the said term of credit guarantee to the Bank.
A has jointly and severally guaranteed the obligation to be borne by the Plaintiff in accordance with the above credit guarantee contract, and thereafter, the above credit guarantee contract was changed on February 5, 2016 to KRW 137,700,000 and the guarantee period.
(2) In the event that the Plaintiff performed the guaranteed obligation of this case, the principal of this case is liable to pay the principal of this case to the Plaintiff, who is the guarantor, the amount of the Plaintiff’s subrogated and the amount of damages after the date of the payment of the guaranteed obligation, the penalty calculated by adding a certain percentage of the first guarantee fee rate from the day following the date of the payment of the guaranteed obligation of the terminated amount to the day before the expiration date of the guaranteed obligation, and other amounts such as penalty, legal procedure expenses paid by the Plaintiff on behalf of the principal, etc.
(Articles 4, 11, and 12). The agreed interest rate on the amount of subrogated payment is 18% per annum from January 1, 1999 to May 31, 2005, 15% per annum from June 1, 2005 to November 30, 2012, 12% per annum from December 1, 201 to January 31, 2016, and 12% per annum from February 1, 2016 to January 31, 2016.