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1. The Plaintiff:
A. Defendant A Co., Ltd. is from May 26, 2015 to KRW 84,755,186 and KRW 53,964,956 among them.
Reasons
1. Determination as to the claim against Defendant A corporation
(a)as shown in the reasons for the attachment of the claim;
(b) Judgment on deeming confessions based on the grounds (Article 208 (3) 2 of the Civil Procedure Act)
2. Determination as to the claim against the defendant B
A. According to Gap's evidence Nos. 1 through 4, 12, Gap 6 through 8-1 and 2's evidence No. 1 and 2 as to the cause of the claim, the defendant Eul set the limit of the initial collateral guarantee amount at KRW 12.7 million with respect to the plaintiff's obligation of the loans specified in the above paragraph 1. (hereinafter referred to as the "loans of this case") against the defendant A Co., Ltd. (hereinafter the defendant Co., Ltd.), and the plaintiff jointly and severally guaranteed the loan amount at KRW 1.27 million, but the plaintiff reduced the limit of the collateral guarantee amount at KRW 88 million with respect to December 8, 2010, and around May 25, 2012, the amount of the loan and interest of this case at KRW 84,75,186 (the principal amount at KRW 53,964,956), and the rate of delay damages at KRW 15.7 million with respect to the above defendant Co., Ltd.
B. (1) Article 5(2) of the Special Act on the Protection of Suretys (hereinafter “Surety Act”) provides that if the principal debtor fails to perform the principal, interest, and other obligations for at least one month, the financial institution shall immediately inform the guarantor of the fact; and (2) even according to the credit transaction agreement between the Plaintiff and the Defendant, the financial institution shall notify the guarantor of the fact in writing within 15 business days from the date the Plaintiff becomes aware of the cause for the loss of the benefit arising therefrom.
Nevertheless, the Plaintiff failed to timely notify Defendant B of the loss of benefit due to the primary debtor’s failure to secure the amount equivalent to KRW 14,369,986 to the Defendant Company’s right to indemnity against the Defendant Company. As such, the Defendant incurred damages for which the amount equivalent to KRW 12,295,415 is increased during the delayed period of notification.