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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 421,145,96 and KRW 418,565,026 from June 16, 2017 to September 16, 2017.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”).
(2) The Defendant Company’s credit guarantee contract (hereinafter “the instant credit guarantee contract”) with the following content in obtaining a loan from the Jeonbuk Bank (hereinafter “the instant credit guarantee contract”).
(2) On May 14, 2019, May 14, 2019, Defendant B, at the transportation Dong branch of the Jeonbuk Bank, on May 27, 2015, as the joint and several surety of the original lending bank (the original lending term) guaranteed by the guarantee contract date, entered into a contract. The main contents of the credit guarantee contract of this case are as follows:
Article 10 (Scope of Repayment) (1) When a new guarantor has performed a guaranteed obligation, the principal and joint guarantor shall immediately refund the amount falling under any of the following subparagraphs:
However, the joint and several guarantors under Article 2 (1) of the Special Act on the Protection of Guarantors shall be reimbursed within the maximum amount of the guaranteed debt separately stated.
1. Performance amount of surety obligations;
2. Damages calculated by multiplying the amount under subparagraph 1 by the rate determined by the new report from the date when the obligation is performed to the date when the obligation is repaid.
3. Expenses for discharge of guarantee obligation; and
4. Expenses incurred in the preservation, transfer and exercise of any right acquired through discharge of guaranteed liabilities;
5. Unpaid guarantee fees, late guarantee fees and penalty;
6. Compensation for delay calculated by multiplying the amount paid under subparagraphs 3 and 4 by the rate prescribed by the new report from the payment date of each expense to the repayment date.
7. Commissions for subrogation. (2) The principal and the joint guarantor shall pay both the following expenses paid on behalf of the new supervisor and the damages for delay calculated by multiplying them by the rate determined by the new supervisor:
However, joint and several suretiess falling under the guarantee under Article 2 (1) of the Special Act on the Protection of Guarantors shall repay to the maximum amount of guarantee obligations.
1. Insurance premiums paid on behalf of a new supervisor pursuant to subparagraph 3 of Article 8;
2.The costs required for enforcement, preservation (including termination), exercise and legal procedures of the claims.