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1. Defendant A, B, and C jointly and severally with the Plaintiff as to KRW 541,353,304 and KRW 540,158,601 among them.
Reasons
1. Determination as to the claim for indemnity
A. 1) The Plaintiff entered into a credit guarantee agreement and loan agreement with Defendant A Co., Ltd. (hereinafter the Defendant Co., Ltd.) with each of the following contents:
(hereinafter referred to as “the instant credit guarantee agreement”). The Defendant Company received a loan from the Bank under a credit guarantee certificate.
The amount of guarantee on the date of issuance of a letter of guarantee (the amount of guarantee extended) 1.5,00,000 won (76,50,000 won) on December 5, 2008 (76,50,000 won) on December 4, 2009 ( November 28, 2014), which was determined by the Plaintiff on March 19, 2010 ( March 14, 2014) 30,000,000 won on March 18, 2010 (the amount of guarantee extended) 30,000,000 won on March 19, 209 (the amount of guarantee extended) and the rate of damages incurred by the Plaintiff to compensate all the expenses incurred by the Plaintiff for the damages incurred by the Plaintiff at the time of the credit guarantee agreement or the rate of damages incurred by the Plaintiff to compensate for the damages incurred by the Plaintiff (the debt guarantee agreement or the rate of damages incurred by the Plaintiff) on March 18, 2019, 20101.
2) On April 4, 2014, the Plaintiff subrogated for KRW 541,880,631 to the Industrial Bank of Korea.
B) The Plaintiff collected KRW 1,722,030 from the Defendant Company and recovered the remaining amount of subrogation is KRW 540,158,601. The amount of finalized damages incurred until the aforementioned recovery is KRW 566, penalty 378,080, and the cost of preserving claims is KRW 816,057. [Grounds for recognition] Defendant Company, B: Defendant C: Decision by service by publication (Article 208(3)3 of the Civil Procedure Act) (Article 208(3)2 of the Civil Procedure Act)
B. According to the above facts, the defendant company as the principal obligor of a credit guarantee agreement, and the defendant company Eul and C as joint and several sureties jointly and severally with the plaintiff 541,353,304 won (=the remaining amount of 540,158,601 won determined as 566 won, 378,080 won, 816,057 won, and the remaining amount of subrogation is 540,158,601 won.