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1. The Plaintiff:
A. As to Defendant A’s KRW 92,947,292 and KRW 91,629,014 among them:
B. Defendant B is the defendant A.
Reasons
1. Determination as to the claim against Defendant A and B
A. The Plaintiff entered into a credit guarantee agreement between the Defendant A and ① (i) on March 6, 2009, (ii) on April 6, 201, each of which constitutes the guaranteed amount of KRW 50,000,000, and (iii) on April 6, 2011, and Defendant B jointly and severally guaranteed the Plaintiff’s obligations under the said credit guarantee agreement.
Luxembourg Defendant A was loaned KRW 100,000,000 from the Industrial Bank of Korea on March 10, 2009, total of KRW 50,000,000, and KRW 50,000,000 on April 7, 2011, by taking the credit guarantee certificates issued by the Plaintiff under the above credit guarantee agreements.
Article 26(1) of the Act on the Protection of Credit Information and Communications Network Utilization and Information Protection and Information Protection and Information Protection and Information Protection Protection and Information Protection Protection and Information Protection Protection Protection and Information Protection Protection and Information Protection Protection and Information Protection Protection and Information Protection Protection and Information Protection Protection and Information Protection Protection and Information Protection Protection and Information Protection Protection and Information Protection Protection and Information Protection Protection and Information Protection Protection and Information Protection Protection and Information Protection Protection and Information Protection and Information Protection Protection and Information Protection
Applicant caused penalty of KRW 275,670 due to the Plaintiff’s subrogation, and the Plaintiff spent KRW 1,042,608 in total with the expenses for preserving the claims against the Defendants.
Meanwhile, the rate of damages for delay determined by the Plaintiff is 12% per annum from May 13, 2013 to the present.
(v) Accordingly, Defendant A is obligated to pay to the Plaintiff the amount of KRW 92,947,292 plus the amount of subrogated payment, penalty, and the amount of subrogated payment, KRW 91,629,014 in total, and KRW 46,93,026 in total, and KRW 45,863,748 in subrogation, based on a credit guarantee agreement, and KRW 46,93,026 in total, and KRW 45,863,748 in subrogation, as of May 13, 2013, the date of each subrogation, by October 29, 2013, the agreed rate of KRW 12% in total, and KRW 20% in total, as of October 29, 2013, from the following day, to the date of full payment.
(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);
2. Determination as to the claim against Defendant C
A. Defendant A’s basic facts on May 2013