1. Defendant A and B jointly and severally filed against the Plaintiff KRW 276,035,651 as well as KRW 274,180,592 as to the Plaintiff.

Basic Facts

The terms and conditions of each credit guarantee agreement of this case were concluded with Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Company”), ① the amount of KRW 45,000,000 of the guaranteed principal on January 21, 2015, and the credit guarantee agreement of January 20, 2020 (hereinafter referred to as the “credit guarantee agreement of this case”), ② the principal of the guaranteed principal on April 27, 2017, ② the amount of KRW 261,00,000,000 of the guaranteed principal on April 26, 2018 (hereinafter referred to as the “credit guarantee agreement of this case”), and each credit guarantee agreement of this case was issued to the Defendant Company on April 26, 2018 (hereinafter referred to as the “credit guarantee agreement of this case”).

At the time of each credit guarantee agreement in this case, the Defendant Company agreed to reimburse the Plaintiff, when the Plaintiff performed the guaranteed obligation, the amount of subrogation, damages for delay pursuant to the interest rate determined by the Plaintiff, and the damages for delay determined by the Plaintiff were 8% per annum since April 1, 2019.

Defendant B jointly and severally guaranteed the obligation to be borne by the Defendant Company to the Plaintiff in accordance with each credit guarantee agreement of this case.

The Defendant Company’s loan obligations and the Plaintiff’s subrogated company received from the Industrial Bank of Korea the credit guarantee amount of KRW 50,000,000 as security, and ② the credit guarantee amount of KRW 290,000,000 as security under the instant credit guarantee agreement.

On March 20, 2019, the Defendant Company lost the benefit of the repayment of the above loan due to delinquency in payment of principal due to the financial shortage. Such credit guarantee accident resulted in the Plaintiff’s payment of KRW 11,327,593 of the principal and interest of the loan to the Industrial Bank of Korea on May 29, 2019, and KRW 262,852,99 of the principal and interest of the loan under the instant credit guarantee agreement, respectively, pursuant to the instant credit guarantee agreement, and KRW 1,488,949 of the substitute payment, KRW 366,110 of the penalty for attempted penalty.

Defendant B’s disposal and property relationship with Defendant B is recorded in the attached list on November 23, 2018 to Defendant C, one’s spouse.