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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,429,926,359 and KRW 389,210,010 among them.
Reasons
1. Basic facts
A. On November 27, 2007, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a credit transaction agreement (hereinafter “the instant credit transaction agreement”) with the Korea Mutual Savings Bank (hereinafter “Bankruptcy Bank”) under which the amount of the comprehensive passbook loan in the subject of credit (the account number is C), the credit limit amount of KRW 6.3 billion, the expiration date of the credit amount of KRW 6.3 billion, the interest rate of KRW 4, 2007, the annual interest rate of KRW 12%, and the overdue damages rate of KRW 25% per annum.
Defendant B entered into a contract with the Bankruptcy Bank on the same day, which provides joint and several surety for the obligation to be borne by Defendant A based on the credit transaction agreement of this case.
B. Around July 14, 2008, Defendant Sejong Co., Ltd. (hereinafter “Defendant Sejong”) entered into a comprehensive collateral guarantee agreement with the Bankruptcy Bank (hereinafter “instant comprehensive collateral guarantee agreement”) with the content that Defendant A will provide joint and several guarantee within the limit of KRW 4.6 billion for all obligations currently and future against the Bankruptcy Bank.
C. Meanwhile, Defendant A’s obligation with the outstanding principal and interest due under the instant credit transaction agreement reaches KRW 1,429,926,359 as of August 21, 2013 (including the remaining amount of KRW 389,210,010).
On March 5, 2012, the Bankruptcy Bank was declared bankrupt by the Gwangju District Court (2012Hahap1) and appointed the plaintiff as the bankruptcy trustee.
[Judgment of the court below] The ground for recognition is without dispute, entry of Gap evidence 1 through 5, the purport of the whole pleadings
2. Determination:
A. According to the facts of the determination as to the cause of the claim, barring any special circumstance, Defendant A, its joint and several surety, Defendant B, and its comprehensive collateral guarantor, are jointly and severally liable to pay to the Plaintiff the total amount of KRW 1,429,926,359, and KRW 389,210,010, which is the credit balance, from August 22, 2013 to the date of full payment.