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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 1,427,513,650 and KRW 1,420,542,09 among them.
Reasons
1. Determination as to the claim for reimbursement against Defendant A and B
(a) In fact, each of the facts described below are without dispute between the parties, or acknowledged by adding the whole purport of the pleadings to the entries contained in Gap evidence 1 to 8.
1) On March 26, 2010, the Plaintiff, including the conclusion of a credit guarantee agreement, concluded a credit guarantee agreement, is Defendant A Co., Ltd. (formerly “D”; hereinafter “Defendant Company”).
B) As between the two, a credit guarantee agreement between the maximum guarantee amount of KRW 1,500,000,000, and the credit guarantee agreement between March 26, 2010 to March 25, 2012 (hereinafter “instant credit guarantee agreement”).
(2) According to the credit guarantee agreement of this case, Defendant B and Defendant B agreed to pay the amount of the guaranteed obligation and the amount of the guaranteed obligation calculated by the Plaintiff’s proportion (12% per annum from December 1, 2012 to the date of closing argument) from the date of performance of the guaranteed obligation until the date of repayment of the guaranteed obligation, the amount of the guaranteed obligation and the expenses incurred in the preservation, transfer, and exercise of the rights acquired thereby, and penalty, etc. (2) The Plaintiff’s credit guarantee certificate issued and the Plaintiff’s loan to the Defendant Company against the Industrial Bank of Korea on March 26, 2010 pursuant to the credit guarantee agreement of this case. The Plaintiff issued a credit guarantee certificate (E) to guarantee the repayment of the obligation owed by the Defendant Company to the Industrial Bank of Korea by March 25, 2011, up to the limit of KRW 1,491,50,000,000,000 from the above credit guarantee agreement of this case.
The guarantee based on the above credit guarantee certificate was changed to KRW 1,413,00,000 on March 9, 201, and the term of guarantee was renewed every year and extended until March 20, 2015.
The principal of the defendant company shall be until March 20, 2015, which is the due date for the loan of the credit guarantee department, such as the occurrence of the 3 guarantee accident and the plaintiff's subrogated repayment.