1. Defendant A and B jointly and severally filed against the Plaintiff KRW 220,021,035 and KRW 218,362,012 among them.

Description of Claim

The Plaintiff filed a claim for indemnity against Defendant A and B entered into a credit guarantee agreement with the Defendant Company A (hereinafter referred to as the “Defendant Company”) with respect to the Defendant Company’s obligations for loans to the Industrial Bank of Korea during the period from June 20, 201 to June 19, 2012, with the guarantee limit of KRW 45 million from June 20, 201, and the guarantee period of KRW 170 million from August 10, 2012, and the guarantee period of KRW 170 million from August 10, 2012 to August 9, 2013. The Defendant B jointly and severally guaranteed the Defendant Company’s obligations under each of the above credit guarantee agreements on the same day, and the guarantee period of the said credit guarantee agreement was extended to June 19, 2014.

In the event that the Plaintiff fulfilled the guaranteed obligation under the aforementioned credit guarantee agreement, the Defendants decided to pay the Plaintiff the repayment amount of the guaranteed obligation and the damages for delay at the rate determined by the Plaintiff from the date of the repayment to the date of the full payment. Meanwhile, the rate of damages for delay determined by the Plaintiff is 12% per annum from December 1, 2012.

On May 10, 2014, when the Defendant Company delayed interest on the above loans and caused a credit guarantee accident, the Plaintiff repaid to the Industrial Bank of Korea, on August 14, 2014, the sum of KRW 218,362,012 of the above loan principal amounting to KRW 215,00,000,000,000,000 and KRW 218,362,012, and paid KRW 992,253 in order to preserve the above loan claim, and penalty was paid to KRW 66,70.

Therefore, Defendant Company and Defendant B are jointly and severally liable to the Plaintiff for reimbursement of KRW 218,362,012; KRW 992,253; KRW 66,770; KRW 220,021,035; and KRW 218,362,012, which is the date of subrogation, for the amount of reimbursement of KRW 218,362,012; and for the delayed payment of KRW 12% per annum from August 14, 2014 to November 20, 2014, which is the date of the last delivery of the copy of the complaint in this case; and for the delayed payment of KRW 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

The revocation of fraudulent act against Defendant C and restitution to its original state.