구상금
1. The Defendants are jointly and severally liable to the Plaintiff for the amount of KRW 85,284,806 and KRW 85,227,286 from April 18, 2014 to April 2014.
Upon the request of the Defendant Company, the Plaintiff entered into a credit guarantee agreement with the term of April 7, 201, setting the guarantee principal of KRW 85 million, and the term of guarantee until April 6, 2012 (the term of guarantee shall be changed to April 4, 2014). According to the agreement, the Plaintiff issued a credit guarantee certificate for the obligation of KRW 100 million to be loaned by the Defendant Company and the Non-Party National Bank, and the Defendant B, C, and D jointly and severally guaranteed the indemnity obligation owed by the Defendant Company to the Plaintiff. The Plaintiff paid the Defendant Company the indemnity amount of KRW 85,227,286 on April 18, 201 due to the Defendant Company’s failure to repay the loan to the National Bank. The penalty for breach of the credit guarantee agreement between the Plaintiff and the Defendant Company is KRW 57,520,00 per annum, and the amount of damages at the agreed rate shall be acknowledged in accordance with the purport of the entire pleadings and the entire arguments as stated in subparagraphs 1 through 7 and 7.
Defendant C and D jointly and severally guaranteed the Defendant Company’s representative director and stockholder’s liability for indemnity against the Plaintiff. However, Article 16(1) of the Credit Guarantee Agreement states that a joint and several surety is jointly and severally liable with the Defendant Company for all of the obligations to be borne by the joint and several surety under the credit guarantee agreement, and even if the Defendants’ assertion is based on the Defendants’ assertion, the Defendants do not constitute a guarantor under Article 2 subparag. 1 of the Special Act on the Protection of the Surety. In full view of the following, there is no evidence to acknowledge that the Plaintiff and the Defendants were liable for joint and several surety’s liability at the time of the instant joint and several surety, and there is no evidence to acknowledge that the Defendants were liable for joint and several surety’s liability.
The plaintiff's claim is accepted.