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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 342,276,714 and KRW 280,244,026 from February 17, 2016.
Reasons
1. Basic facts
A. On June 23, 2009, the Plaintiff entered into a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and thereafter, loaned KRW 200 million to Defendant Co., Ltd. (hereinafter “the first loan”).
At the time of the above loan, defendant B and defendant C, a major shareholder of the defendant company, and the representative director of the defendant company, and D, a inside director of the defendant company, were jointly and severally guaranteed for the first loan obligation.
B. After that, Defendant B, along with D, was appointed to the representative director of the Defendant Company on June 9, 2010.
C. On September 9, 2010, the Plaintiff entered into a credit transaction agreement with the Defendant Company by setting the credit limit amount of 300 million won, credit commencement date, September 9, 2010, September 8, 2011, less than three months, 17% per annum of less than three months, and not less than three months, and made a loan to the Defendant Company of 300 million won (hereinafter “second loan”).
According to the above credit transaction agreement, when the defendant company fails to perform its obligation on the expiration date of the credit period or loses its interest pursuant to Article 7 of the Framework Terms and Conditions for Credit Transactions, the defendant company shall pay from that time the credit balance at the rate of damages for delay or damages for delay determined by the plaintiff pursuant to Article 3(5) of the above Terms and Conditions.
On the same day, the Plaintiff entered into a contract between Defendant B and the Defendant B to guarantee the Defendant B’s limit amounting to KRW 360 million for all the obligations currently and future owed by the Defendant Company to the Plaintiff.
Article 4 (1) of the Agreement on Guarantee (Evidence 2 of A) shall not be amended by this Agreement and shall be accumulated as separate from liability for guarantee under this Agreement, unless otherwise agreed by the guarantor, in the event that the guarantor separately provides or provides a security for the same secured obligation to the debtor bank.