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1. As to the Plaintiff, Defendant A and B jointly and severally KRW 273,246,70 and KRW 172,617,288 among them, Defendant A and B shall be jointly and severally liable for payment of KRW 273,66,70.
Reasons
1. Basic facts
A. 1) On June 25, 2010, the Plaintiff entered into a credit guarantee agreement, etc., the Defendant A Co., Ltd. (hereinafter “Defendant Company”).
(1) The term “the first guarantee agreement of this case” refers to the term “the first guarantee agreement of this case”) set forth in the credit guarantee agreement between June 24, 201 and the guaranteed amount of KRW 170,00,000,00 and June 24, 2011.
(2) Upon receipt of a credit guarantee agreement, the Defendant Company issued a credit guarantee agreement under the said guarantee agreement and borrowed KRW 200,000,000 from a national bank as general corporate capital. (2) On June 16, 2015, the Plaintiff entered into a credit guarantee agreement with the Defendant Company and the Plaintiff, setting the period as 100,000,000 and June 15, 2016, with a promissorysory notes issued by the Plaintiff as security (hereinafter “instant guarantee agreement”). The Defendant Company issued a credit guarantee agreement under the said guarantee agreement and received goods and services from the said Company.
3) Defendant B jointly and severally guaranteed the obligation of indemnity to be borne by the Defendant Company to the Plaintiff in accordance with each of the instant guarantee agreements. Meanwhile, according to each of the instant guarantee agreements, in the event that the Plaintiff is demanded to discharge the guaranteed obligation from the credit guarantee obligee, Defendant B and B are obliged to pay the amount guaranteed by the Plaintiff in advance.
(6) In addition, when the plaintiff performed the guaranteed obligation on behalf of the defendant company, the defendant company paid the amount of subrogation to the plaintiff, damages for delay calculated at the rate determined by the plaintiff from the date of subrogation to the plaintiff, and legal procedure expenses incurred by the plaintiff in order to enforce or guarantee the right by performing the guaranteed obligation.
B. The occurrence of a credit guarantee accident and subrogation 1) The mentor health care company (which is divided by mentor corporation and divided by mentmen corporation) shall be all of the mentmen corporation.