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1. The Defendant’s KRW 91,597,828 as well as the Plaintiff’s KRW 6.81% per annum from May 12, 2013 to March 13, 2014.
Reasons
1. Facts of recognition;
A. On July 14, 2006, the Plaintiff, a corporation established under the Industrial Bank of Korea Act, entered into a credit transaction agreement with Nonparty A Co., Ltd. (hereinafter “Nonindicted Company”) with the credit limit of KRW 180 million, and one year (the extension by July 14, 2013) for the extension period, and lent KRW 180 million to the Nonparty Company.
B. On July 14, 2006, the Plaintiff, as a trustee of the Defendant’s credit guarantee business, guaranteed the Defendant’s obligation for small and medium enterprise loans to the Plaintiff of Nonparty Company in accordance with the credit guarantee terms and conditions (the credit guarantee amount of KRW 144 million, the credit guarantee rate of KRW 80%, the guarantee rate of KRW 80%, and July 14, 2007 (the extension by July 14, 2013).
) The method of guarantee was individual guarantee, loan of loans to small and medium enterprises.
According to the terms and conditions of credit guarantee, the non-party company, as the guarantor, has caused a credit guarantee accident, such as failing to pay the principal or interest of the guaranteed loan on the agreed date, and if a certain period has elapsed from the date of notification of the plaintiff, the defendant is required to pay to the plaintiff the principal, attempted interest, and a certain amount of recovery expenses, which does not exceed the guaranteed amount multiplied by
C. The joint and several sureties of the non-party company under the credit guarantee agreement was the representative B, but C was the only internal director of the non-party company and the sole internal director of the non-party company by taking over 4,000 shares of the non-party company from B on July 2012 and 3,000 shares from D respectively (10,00 shares for the total shares of the non-party company). Accordingly, the plaintiff changed the joint and several sureties of the non-party company from B to C on August 30, 2012 according to the deposit guarantee as amended as of June 13, 2012.
The Plaintiff, while changing the joint and several sureties around August 30, 2012, was a credit information inquiry meeting provided by the Korea Federation of Banks to Nonparty Company and C, but Nonparty Company 3 and C: A.