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1. Defendant A Co., Ltd, and B and C jointly and severally with the Plaintiff KRW 49,373,796 and KRW 48,980,346 among them, as to the Plaintiff.
Reasons
1. In common facts, each of the following facts may be acknowledged either in dispute between the parties or in addition to the whole purport of the pleadings, either the evidence of No. 1, 2, 2, 2, 1, 3, 1, 4-1 to 8, 5, 9, 1.
On November 18, 2006, the Plaintiff entered into a credit guarantee agreement with Defendant A to guarantee the repayment of Defendant A’s loan repayment obligation by using the credit guarantee principal amount of KRW 48,00,000,00, and the credit guarantee period from November 28, 2006 to November 28, 2007 (the period has been extended by up to November 20, 2015, which was finally changed by eight times thereafter). If the Plaintiff is liable for the repayment of the guaranteed obligation, the Plaintiff would be liable for the joint and several liability of the Plaintiff under the credit guarantee agreement.
B. Under the above credit guarantee agreement, the Plaintiff issued the Bank's credit guarantee certificate of KRW 48,00,000 as the other party to the Bank, thereby guaranteeing the Bank's obligations for small and medium enterprise loans of KRW 60,000,000 to be borne by the Bank. Defendant A Co., Ltd. submitted the above credit guarantee certificate and borrowed KRW 60,000,000 from the Industrial Bank of Korea on November 30, 206.
C. Defendant A Co., Ltd. continued to extend the repayment period of the above loan, and eventually, did not pay its interest and did not lose the benefit of July 22, 2015. Accordingly, the Plaintiff’s subrogation over the Industrial Bank of Korea on October 7, 2015 = 48,980,346 won = the principal amount of KRW 48,00,00.