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1. The Plaintiff:
A. Defendant A, C, and B are jointly and severally liable for KRW 91,421,704 and its related amount from June 8, 2015 to June 2017.
Reasons
1. Basic facts
A. The status of the parties 1) Defendant A Co., Ltd. (hereinafter “E”)
(2) The term “F” refers to a company established on October 23, 2012 with the purpose of wholesale business, etc. related to chemical drugs, and Defendant C and Defendant B are those who are registered as the representative director and director of each E. (2) Defendant D Co., Ltd. (hereinafter “F”) is a company with the purpose of manufacturing and selling chemical drugs.
Defendant B entered the F in around 2005 and worked as the head of the business division, etc., and retired from the office around 2014.
B. (1) The Plaintiff entered into a credit guarantee contract with E and C to secure the principal and interest of loans from the Industrial Bank of Korea or the Korea Development Bank (hereinafter “instant guarantee contract”) as set out in the following [Attachment 1], and individually, the Plaintiff entered into a credit guarantee contract with E and C, as set forth in the following [Attachment 1].
A. Serial
(a) A contractor (a guarantor);
(b) Date of guarantee;
(c) The amount guaranteed;
(d) Term of guarantee;
(e) Loan institutions;
(f) Defendant C 1: (a) on August 4, 201, 201; (b) on August 4, 201, 200
3. On September 15, 2015, the Industrial Bank of Korea 100,000,0002 E 2 E, and September 1, 2014, the Korea Development Bank 1,000,000,000,000, E obtained loans from the Industrial Bank of Korea and the Korea Development Bank as security a credit guarantee certificate issued by the Plaintiff under the instant guarantee agreement. Meanwhile, on the date stated in paragraph (b) of the attached Table 1, the Defendant B guaranteed all the obligations owed by E and C to the Plaintiff under the instant guarantee agreement. (iii) On January 23, 2013, the Plaintiff changed the principal debtor of the first guarantee agreement between E, C, and B into Defendant C and the joint guarantor, respectively.
On the other hand, the first guarantee contract was finally amended by July 31, 2015 after the expiration of the guarantee term due to changes in the guarantee conditions.
4. According to the instant guarantee agreement, when the Plaintiff performs the guaranteed obligation under the guarantee agreement, the primary debtor and the joint guarantor shall perform the obligation to the Plaintiff.