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1. Defendant D Limited Liability Company D shall be jointly and severally and severally with the Plaintiff Credit Guarantee Fund in KRW 90,941,352 and KRW 90,914,329.
Reasons
1. Basic facts
A. On April 29, 2010, the Plaintiff entered into a credit guarantee agreement with the Korea Credit Guarantee Fund for the limit transaction with the maximum amount of KRW 50 million as of April 28, 2012, and the credit guarantee period until April 28, 2012. On April 30, 2010, the Plaintiff entered into a general credit guarantee agreement with the Korea Credit Guarantee Fund for the purpose of credit guarantee up to April 29, 2015. B entered into a joint and several guarantee agreement with the Plaintiff Credit Guarantee Fund for the obligation owed by the Plaintiff to the Plaintiff Credit Guarantee Fund. (2) On May 14, 2013, the Plaintiff Credit Guarantee Fund entered into a credit guarantee agreement with the Defendant limited liability company (hereinafter “Defendant D”) whose representative director is the Plaintiff, to guarantee the principal of the credit guarantee amount of KRW 90,450,000,000, as of May 13, 2014.
(hereinafter) According to each credit guarantee agreement entered into with the Plaintiff Credit Guarantee Fund (hereinafter referred to as the “instant credit guarantee agreement”), A and Defendant D agreed to pay damages for delay at the rate of 12% per annum as determined by the Plaintiff Credit Guarantee Fund and the costs of the Plaintiff Credit Guarantee Fund to compensate for the said claims, when the Plaintiff Credit Guarantee Fund makes a payment for the loan obligations due to the Plaintiff’s failure to repay the loan obligations, A and Defendant D agreed to pay damages for delay at the rate of 12% per annum as determined by the Plaintiff Credit Guarantee Fund from the date of payment on their subrogation and the date of payment on their subrogation to the date of full payment. (4) A and Defendant D obtained a loan equivalent to the amount guaranteed by the Plaintiff’s credit guarantee agreement from the
B. On January 28, 2014, the Plaintiff Credit Guarantee Fund’s credit guarantee fund’s credit guarantee fund’s credit guarantee fund’s credit guarantee fund’s credit guarantee fund’s repayment of interest incurred a credit guarantee accident on the ground of delinquency in repayment of interest, and Defendant D’s payment of interest on February 18, 2014.