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1. As to Defendant A and B’s joint and several liability for KRW 211,409,750 and KRW 26,787,339 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff.
Reasons
1. Basic facts
A. On June 3, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter referred to as “A”) with a content that guarantees a credit guarantee for a loan obligation owed by Defendant A to an E bank (hereinafter referred to as the “credit guarantee agreement of this case”) from June 3, 2013 to June 2, 2014, with the guarantee term of KRW 180,000,000, and the guarantee term of June 3, 2013 to June 2, 2014. Defendant B jointly and severally guaranteed a credit guarantee obligation for the Plaintiff under the said credit guarantee agreement.
B. On April 20, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A to provide a credit guarantee agreement (the former mutual name is G Co., Ltd.; hereinafter referred to as “F”) with the content that the Plaintiff will be borne by Defendant A to the F Co., Ltd. (the former mutual name is G Co., Ltd.; hereinafter referred to as “F”) for the obligation based on commercial transactions from April 21, 2015 to April 20, 2016; hereinafter referred to as “credit guarantee agreement of this case”; hereinafter referred to as “credit guarantee agreement of this case”; hereinafter referred to as “the first credit guarantee agreement of this case and each credit guarantee agreement of this case” were referred to as “each credit guarantee agreement of this case; and Defendant B provided a joint and several liability guarantee agreement of Defendant A for the Plaintiff under the said credit guarantee agreement.
C. Under each credit guarantee agreement of this case, Defendant A received each credit guarantee certificate from the Plaintiff and submitted it to E Bank and F, and received loans of KRW 200,000,000 from E Bank around June 5, 2013, and received supply of goods equivalent to KRW 50,00,000 from F around April 20, 2015.
On August 23, 2016, the Plaintiff subrogated for KRW 26,787,339 to Defendant A who caused a credit guarantee accident due to delinquency in principal, etc., and on January 11, 2017, the Plaintiff subrogated for KRW 183,034,709 to E Bank on February 23, 2017.
E. According to each credit guarantee agreement of this case, in the event that the plaintiff fulfilled the guaranteed obligation, the defendant A and the defendant B are guaranteed obligation.