beta
Text
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 1,791,234,102 and KRW 823,697,295 among them.
Reasons
1. Basic facts
A. On December 1, 2010, Defendant A Co., Ltd. (former trade name was “Co. E”; hereinafter “Defendant A”) entered into a credit guarantee agreement with the Plaintiff and the credit guarantee principal amounting to KRW 840,000,000,000,000,000,000,000 won, based on the Plaintiff’s credit guarantee and guarantee accident. Accordingly, Defendant A was loaned from the Bank of Korea (hereinafter “Korea Bank”).
Sheet Defendant A, on the same day, entered into a separate credit guarantee agreement with the Plaintiff and the credit guarantee principal of KRW 960,000,000,000, and thereafter, borrowed KRW 1.2 billion from the new bank (hereinafter “new bank”).
Defendant B jointly and severally guaranteed the obligation to be borne by Defendant A based on the credit guarantee agreement at the time of the above credit guarantee agreement.
Article 6(1)4 of the Credit Guarantee Agreement provides that when grounds for registration of defaulted information under the Credit Information Management Rules of the Korea Federation of Banks have occurred for the principal debtor, the guaranteed amount may be claimed in advance without notification or peremptory notice to the principal debtor and the joint guarantor.
The ratio of damages for delay determined by the Plaintiff is 12% per annum from December 1, 2012 to the present.
(v) The guarantee period of each of the above credit guarantee agreements was extended until November 29, 2013, and the current account transaction of the Defendant A’s new bank account transaction by the Defendant A was conducted on April 1, 2013, and April 3, 2013, respectively.
⑹ 원고는 우리은행과 신한은행의 보증채무 이행청구에 따라, 2013. 4. 18. 우리은행에게 대출금채무 중 보증원금 8억 4,000만 원에 이자를 더한 845,189,985원을, 2013. 4. 22. 신한은행에게 대출금채무 중 보증원금 9억 6,000만 원에 이자를 더한 965,798,000원을 각 지급하였다.
The amount of subrogation for the Bank remains 823,697,295 won (845,189,985 won - 21,492,690 won) after recovery of 21,492,690 won, and damages for delay for partial recovery.