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1. As to Defendant A, B, and C’s joint and several liability for KRW 179,059,277 and KRW 86,596,320 among them, Defendant A, B, and C’s joint and several liability for damages incurred to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and Defendant A (hereinafter “Defendant A”)’s credit guarantee agreement between the Plaintiff and Defendant A (hereinafter “Defendant Company”) is concluded between the Plaintiff and the Defendant Company, and ① the credit guarantee agreement on August 1, 201 (hereinafter “credit guarantee 1”).
(2) A credit guarantee agreement on June 8, 2012 (hereinafter referred to as “No. 2 guarantee”)
The Defendant Company entered into a credit guarantee agreement and received a loan from the following lending institutions in accordance with the credit guarantee agreement. Under the credit guarantee agreement, the Defendant Company paid the Plaintiff the amount subrogated by the Plaintiff, the amount of damages incurred after the date of performance of the guaranteed obligation, the amount of damages incurred by the Plaintiff after the date of termination of the guaranteed obligation, the guarantee fee and all other incidental expenses incurred by the Plaintiff, including the relevant additional guarantee fee and all incidental expenses incurred by the Plaintiff on July 31, 2012 (e.g., July 28, 2017) of the National Bank’s Second Guarantee 90,000,000 (85,500,000) of the National Bank (e.g., July 28, 2017).
3) At the time of the above credit guarantee agreement, Defendant B and C jointly and severally guaranteed all of the obligations owed by the Defendant Company to the Plaintiff. (B) The Defendant Company lost the benefit due to the nonperformance of obligations to each of the above banks; and did not pay the principal and interest of the loan; (c) on September 8, 2017, the Plaintiff paid 86,596,320 won to the New Bank on behalf of the Defendant Company and 87,150,735 won as the principal and interest of the loan under a credit guarantee agreement to the National Bank on September 25, 2017.
2 The agreed damages rate for the amount of subrogation shall be 17% per annum from December 30, 1996 to December 1, 201, 2010, 14% per annum from December 2, 2010 to May 31, 2015, and 12% per annum from June 1, 2015, and the above Defendants shall additionally pay to the Plaintiff.