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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 418,067,485 and KRW 417,623,864 among them.
Reasons
1. Facts of recognition;
A. (1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant A”) on March 28, 2013.
B) In order to provide a credit guarantee for a loan borrowed from the Industrial Bank of Korea by Defendant A, the credit guarantee agreement between Defendant A and the guarantee period of KRW 270,000,000 and March 27, 2014 (hereinafter “the first credit guarantee agreement”).
(A) Upon entering into a credit guarantee agreement and issued a credit guarantee agreement (A.C.) and Defendant A loaned KRW 300,000,000 from the Industrial Bank of Korea as security the said credit guarantee agreement issued by the Plaintiff (hereinafter “instant first loan agreement”).
(2) Following the instant credit guarantee agreement with the Plaintiff, Defendant A changed the guarantee period of March 19, 2014 to March 27, 2015; the guarantee period of March 25, 2015 to March 25, 2016; the guarantee period of March 2016; the guarantee period of KRW 238,00,000; the guarantee period of March 22, 2016 to March 24, 2017; the guarantee period of KRW 229,50,000; the guarantee amount of KRW 229,50,000; and the guarantee period of March 17, 2017 to March 23, 2018.
3) On August 3, 2016, the Plaintiff’s credit guarantee agreement concluded between Defendant A and the Industrial Bank of Korea (hereinafter “instant credit guarantee agreement”) between Defendant A and the guarantee period as between KRW 192,10,000, and August 2, 2017 from the same date to the guarantee period as the guaranteed amount, in order to provide a credit guarantee for the loans borrowed from the Industrial Bank of Korea.
(A) Upon entering into a credit guarantee agreement and issued a credit guarantee agreement (Guarantee Number: I); Defendant A obtained a loan of KRW 226,00,000 from the Industrial Bank of Korea as security (hereinafter “instant second loan agreement”).
4) According to each credit guarantee agreement of this case (hereinafter “the credit guarantee agreement of this case”) and the first and second credit guarantee agreement of this case (hereinafter “the first and second credit guarantee agreement of this case”), Defendant A, when the Plaintiff performed the guaranteed obligation, shall pay to the Plaintiff the amount of the Plaintiff’s guaranteed obligation, ② damages for delay calculated at the interest rate determined by the Plaintiff from the date of repayment to the date of full payment.