배당이의
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 1,380,801,01,013 and KRW 425,788,793 among them.
1. The following facts may be found either as a dispute between the Plaintiff and the Defendant, or as a whole by taking account of the overall purport of the pleadings in each entry in Gap evidence Nos. 1 to 12, and Eul evidence Nos. 2 and 3 (including each number, if any).
The Plaintiff entered into a credit guarantee agreement and subrogation agreement between the Defendant Company and the Defendant Company on April 2, 2009 with a loan of KRW 425,00,000,000 as the principal of the credit guarantee (hereinafter “the primary guarantee”).
(1) On June 11, 2009, the Defendant Company entered into a credit guarantee agreement with the principal of the credit guarantee (hereinafter “the second guarantee”) with the amount of KRW 525,00,000,000, which is loaned from our bank (hereinafter “the second guarantee”).
(2) The Defendant Company entered into a credit guarantee agreement with the principal of the credit guarantee principal (hereinafter “third guarantee”) with the amount of KRW 425,00,000,000, which was loaned from the National Bank on December 13, 2010 (hereinafter “third guarantee”).
(2) Defendant B, as the representative director of the Defendant Company, jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff based on each of the above credit guarantee agreements. Meanwhile, in the event that the Plaintiff performed the guaranteed obligation based on the credit guarantee agreement, the Defendant Company agreed to pay the principal and interest on the payment and damages for delay at the interest rate determined by the Plaintiff within the scope of 20% per annum. From December 1, 2012, the interest rate determined by the Plaintiff from December 1, 2012 to the date
3) On August 1, 2013, when a credit guarantee accident occurred, the Korean bank and the Korean National Bank have filed a claim with the Plaintiff for the performance of the guaranteed obligation under the respective credit guarantee agreement. Accordingly, on December 18, 2013, the Plaintiff subrogated to the Korean Bank KRW 430,025,838 of the principal and interest of the loan due to the primary guarantee, KRW 531,211,684 of the principal and interest of the loan due to the secondary guarantee, and KRW 428,623,383 of the principal and interest of the loan due to the third guarantee to the Korean National Bank on October 31, 2013. (b) On August 5, 2013, Defendant B paid the principal and interest of the loan to the Korean National Bank KRW 428,623,383 of the principal and interest of the loan due to the third guarantee.