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1. The plaintiff's lawsuit against the defendant E shall be dismissed.
2. Defendant A, B, C, and D are jointly and severally liable.
Reasons
1. Basic facts
A. On June 17, 201, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and the Defendant Company A with a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the content that guarantee number G, security deposit amount of KRW 493,00,000,000 as a general loan for business operation in order to secure the obligation arising from the loan of KRW 580,000 from the Defendant Company to the Bank of Korea as a loan for business operation, the Plaintiff issued a credit guarantee agreement by June 15, 2012 (hereinafter “the instant credit guarantee agreement”). Defendant A received a loan from the Bank of Korea as a collateral.
B. The Defendant B, C, and D Co., Ltd. jointly and severally guaranteed all the repayment obligations under the credit guarantee agreement of this case (hereinafter “instant joint and several sureties”).
C. On December 13, 2013, the occurrence of a credit guarantee accident and the Plaintiff’s performance of the guaranteed obligation, despite having received a loan from the Korean bank, a credit guarantee accident occurred on December 13, 2013. Accordingly, on March 27, 2014, the Plaintiff subrogated to the Korean bank for KRW 501,680,310 (i.e., the principal of the loan at KRW 493,00,000, and KRW 8,680,310).
(1) Under the credit guarantee agreement of this case, when the debtor did not repay the guaranteed obligation such as the loan, and the plaintiff performed the guaranteed obligation, the debtor agreed to pay the amount and expenses required by the plaintiff for the performance of the guaranteed obligation, the amount and expenses required for the execution of the secured claim and the legal procedures therefor, and damages for delay as determined by the plaintiff. The interest rate determined by the plaintiff as to the above damages for delay is 12% per annum from December 1, 2012 to the present day. In addition, the debtor agreed to pay the plaintiff a penalty for attempted penalty. 2) As of the date, the plaintiff was at issue.