A. On September 26, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant B’s agricultural partnership (hereinafter “Defendant Corporation”) under the joint and several sureties’s joint and several sureties’s joint and several sureties, setting the amount of security deposit to KRW 85,00,00, and the guarantee period to KRW 3 years from the date of loan, and the guarantee rate to KRW 85%.

At the time of the above credit guarantee agreement, the defendant corporation consented to the exercise of prior right to indemnity when there are grounds such as when it is deemed necessary to preserve claims.

B. On October 18, 2016, E Union offered a credit guarantee certificate issued by the Plaintiff in accordance with the above credit guarantee agreement as security, and lent the amount of KRW 100,000,000 to Defendant Corporation under the joint and several sureties’s joint and several sureties, according to the fluctuation rate, the rate of damages for delay shall be 18% per annum (9.25% per annum) and the repayment date shall be 18 October 2019.

C. As of December 16, 2019, the total amount of the principal and interest of a loan to an E-cooperative of a defendant corporation is KRW 102,045,752 (including principal KRW 100,000,000).

Therefore, the Defendants are jointly and severally liable to the Plaintiff for delay calculated at the rate of 9.25% per annum from December 17, 2019 to the date of full payment of the principal and interest of the advance reimbursement obligation (i.e., KRW 102,045,752 x KRW 85% x less than won) and the principal amount of KRW 85,00,000 (i.e., KRW 100,000 x 85%).

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;