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1. As to the Plaintiff, Defendant A and B jointly and severally KRW 283,178,754 and KRW 217,053,404 among them, Defendant A and B shall be jointly and severally liable for the payment of KRW 283,178,754.
Reasons
1. Basic facts
A. Each credit guarantee agreement of this case 1) The Plaintiff Co., Ltd. (hereinafter “Defendant A”).
(2) The loan of funds necessary for corporate management between each financial institution and each other (hereinafter referred to as “each of the instant loans”).
(i)each credit guarantee agreement (hereinafter referred to as the "each credit guarantee agreement of this case") shall be made with respect to a loan obligation to be assumed upon receipt as listed in the following table:
A) A credit guarantee agreement was concluded and accordingly issued. The Industrial Bank of Korea established a credit guarantee agreement on May 18, 2015 (amended by Presidential Decree No. 100,800,000 of a national bank on May 19, 2015, as follows: (a) on September 8, 2017, the Industrial Bank of Korea issued the credit guarantee agreement on September 81, 2015 (amended by Presidential Decree No. 100,000,000,000 on September 7, 2016; (b) on September 90, 200,000,0000,000 or 2 credit guarantee agreement (amended by Presidential Decree No. 13075, Sep. 13, 2015; Presidential Decree No. 17508, Sep. 13, 2015; Presidential Decree No. 17681, Oct. 7, 2007).
Article 6 (Prior Reimbursement) (1) When a cause falling under any of the following subparagraphs has occurred to the principal, the principal and the joint guarantor shall bear the obligation to repay in advance the amount guaranteed by the new notice, even if there is no notice or peremptory notice from the new notice:
(B)
5. When an application for the commencement of rehabilitation procedures, bankruptcy procedures, or individual rehabilitation procedures, or is entered in the liquidation under the Debtor Rehabilitation and Bankruptcy Act, Article 10 (Scope of Redemption) (1) When a new guarantor fulfills a guaranteed obligation, the principal and the joint guarantor shall immediately repay the amount falling under any of the following items:
However, the joint and several guarantors under Article 2 (1) of the Special Act on the Protection of Guarantors shall be reimbursed within the maximum amount of the guaranteed debt separately stated.
1. Performance amount of surety obligations;
2. Damages calculated by multiplying the amount under subparagraph 1 by the rate determined by the new report from the date when the obligation is performed to the date when the obligation is repaid.
3. Any performance of the surety obligation; and