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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 197,740,114 and KRW 196,786,457 among the Defendants, from July 13, 2018 to October 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff, when Defendant A (C) obtained a loan from the D Bank on May 29, 2013 and KRW 50,000,000 from May 26, 2017 from the D Bank, concluded a credit guarantee agreement with Defendant A, and guaranteed each of the loan obligations within the scope of KRW 160,000,000, and KRW 42,50,000,000, respectively. Defendant B jointly and severally guaranteed the indemnity obligations under the credit guarantee agreement with Defendant A.
B. On May 18, 2018, Defendant A caused a guarantee accident by delaying the repayment of loans, and on July 13, 2018, the Plaintiff repaid the amount of KRW 196,786,457 as the sum of each principal and interest of the loans to D Bank on behalf of Defendant A on behalf of Defendant A.
C. The interest rate in arrears determined by the Plaintiff’s credit guarantee agreement is 10% per annum after February 1, 2016, and the penalty for attempted penalty to be borne by Defendant A according to the credit guarantee agreement is 58,490 won, and the legal procedure cost incurred by the Plaintiff is 365,167 won.
[Grounds for recognition] Confession, the purport of the whole pleadings
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 197,740,114 (i.e., KRW 196,786,457 for an attempted penalty of KRW 588,490 for an attempted penalty of KRW 585,167) and the amount of the subrogated principal of KRW 196,786,457 for the period from July 13, 2018, which is the date of subrogation, to October 10, 2018, the last delivery date of the complaint in this case against the Defendants, the agreed interest rate of KRW 10% per annum from Oct. 11, 2018 to May 31, 2019, the statutory interest rate of KRW 315% per annum under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019).
3. The plaintiff's claim for conclusion is justified, and all of them are accepted.