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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 30,167,319 and KRW 30,143,849 from October 6, 201 to November 201.
Reasons
1. Facts of recognition;
A. On September 20, 2010, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and the Defendant Co., Ltd entered into a credit guarantee agreement for the payment guarantee of principal and interest in obtaining a loan from the Industrial Bank of Korea, and issued to the Industrial Bank of Korea a credit guarantee agreement with the principal amount of guarantee KRW 29,750,000, and the term of guarantee as of September 19, 2011.
B. According to the above credit guarantee agreement, when the plaintiff fulfilled the guaranteed obligation, the defendant company is obligated to pay to the plaintiff the amount of the guaranteed obligation and the damages for delay and penalty calculated by multiplying it by the rate set by the plaintiff from the date of the performance of the guaranteed obligation to the date of repayment, and the defendant B guaranteed the above obligation to the plaintiff at the time of the
C. Around September 20, 2010, Defendant Company received a loan of KRW 35,00,000 from the Industrial Bank of Korea. On May 19, 2011, an accident of guarantee occurred due to the Industrial Bank of Korea’s loss of benefit as to May 19, 201. On October 6, 2011, the Plaintiff paid to the Industrial Bank of Korea the principal and interest of the loan of KRW 30,143,849 (the principal and interest of KRW 29,750,00) (the interest of KRW 393,849) based on the credit guarantee agreement, penalty under the said credit guarantee agreement is KRW 23,470, and the interest rate for delay determined by the Plaintiff is KRW 15% per annum from June 1, 2005 to November 30, 2012, and 12% per annum from the next day to the closing date of pleadings.
The Defendant Company means sending a short message service (Sms) from mobile marketing MO service mobile phones to PC or servers and allowing them to receive Sms calls.
Defendant C, as the auditor of Defendant Company and the spouse of Defendant Company B’s representative director D (the director of Defendant Company) on October 5, 201, established “E” as an individual business chain in the same type of business as Defendant Company, and operated the Defendant Company’s above “Sarty” business with D and A.