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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 1,425,054,240 and KRW 1,425,035,125 among them.
Reasons
1. Basic facts
A. 1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant A”).
The following terms and conditions were entered into with Defendant A’s representative director, and Defendant B jointly and severally guaranteed the Plaintiff’s obligation. Defendant A received each of the following loans from the Bank on the security of the credit guarantee certificate issued by the Plaintiff. Defendant A filed an application with the Seoul District Court for the commencement of rehabilitation proceedings on March 23, 2015, KRW 360 million on March 20, 201, KRW 400 million on December 12, 201, KRW 201,000,000,000,000 KRW 40 billion on December 12, 2012, KRW 140 billion on December 22, 2014, KRW 200,000,000 on July 14, 201, KRW 1400,000 on July 21, 201, KRW 14,000,000 on July 14, 2012.
On June 20, 2014, the court rendered a decision on commencing rehabilitation procedures, and the same year.
8. 25. A decision to discontinue the rehabilitation procedures was confirmed;
(3) On May 22, 2014, our bank sent to the Plaintiff a notice of credit guarantee accident to the effect that Defendant A lost the benefit of each of the above loans as of May 21, 2014.
Accordingly, on August 28, 2014, the Plaintiff subrogated to the Bank for the total amount of 1,483,177,358 won (275,205,60 won 366,465,402 won 322,375,400 won 519,130,956 won) and collected 58,142,233 won among them, and collected 58,115 won (58,142,233 won x 12/100 x 12/100 x 365) equivalent to interest on the date of repayment of the above obligation to 58,142,233 won.
4) Article 5(1) of each credit guarantee agreement mentioned in paragraph (1) of the same Article specifically provides for the reasons why the Plaintiff may claim the advance reimbursement against Defendant A and B. Of them, subparagraph 3 of the same Article refers to “when an application is filed for rehabilitation proceedings, bankruptcy proceedings, or commencement of individual rehabilitation proceedings or is entered into the liquidation.”
B. The transfer registration of Defendant C’s ownership.