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1. Defendant A Co., Ltd. and B jointly and severally against the Plaintiff KRW 210,358,951 and KRW 210,088,58,585 among them, respectively.
Reasons
1. Basic facts
A. The Plaintiff’s claim for reimbursement 1) On July 25, 2011, the Plaintiff is Defendant A Co., Ltd. (hereinafter “Defendant A”).
B) As to the loan granted by Defendant A from an enterprise bank, following the conclusion of a credit guarantee agreement set forth on July 24, 2012 as the guaranteed amount of KRW 225,00,000,000, and the guarantee period of KRW 191,250,000, and the guarantee period of KRW 191,250,000 on May 29, 2015, the guarantee period of KRW 191,250,00, and the guarantee period of KRW 22, 2016 (hereinafter “the instant credit guarantee agreement”).
Defendant B, who had been a inside director of Defendant A, had a joint and several surety obligation against the Plaintiff (hereinafter “instant joint and several surety agreement”).
(2) Defendant A submitted a credit guarantee certificate issued by the Plaintiff to an enterprise bank and borrowed KRW 250,000,000 from the said bank (hereinafter “instant loan”).
3) In entering into the instant credit guarantee agreement, Defendant A and the Plaintiff agreed to pay the amount of subrogation and the amount of damages for delay calculated by the Plaintiff’s rate and the amount of expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation within the limit of 25% per annum stipulated in Article 35 of the Credit Guarantee Fund Act from the date of the payment of the amount of subrogation and the amount of subrogated payment to the date of full payment. Defendant A and the Plaintiff agreed to pay the amount of damages for delay determined by the Plaintiff at the rate of 12% per annum as of August 20, 2015.
5) On August 20, 2015, the Plaintiff subrogated for KRW 213,789,190 under the instant credit guarantee agreement, and appropriated KRW 3,700,605, which was paid by the Defendant A, to the said amount by subrogation (as a result, the Plaintiff’s subrogation amount was KRW 210,088,585 (=213,789,190 - KRW 3,700,605).
3,007.