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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 2,242,893,175 and KRW 2,062,268,228 among them.
Reasons
1. Facts of recognition;
A. On October 18, 200, the Plaintiff entered into an agreement with the Defendant Company A (hereinafter “Defendant Company”) to guarantee the performance of the obligation to repay the principal and interest of the above loan to the Korea Housing and Commercial Bank on October 26, 200 by setting as the guaranteed principal amount of KRW 7,262,30,000,000, and October 26, 2030, when the Defendant Company received a loan from the Korea Housing and Commercial Bank (hereinafter “Defendant Company A”) for the purpose of construction of rental housing (hereinafter “the first loan”). The Plaintiff issued to the Defendant Company a credit guarantee certificate (F) with the guaranteed principal of KRW 2,064,00,000,000, and the guarantee term of October 26, 2030.
B. On October 18, 200, the Plaintiff entered into an agreement with the Defendant Company to guarantee the performance of the obligation to repay the principal and interest of the loan to the Korea Housing and Commercial Bank on October 24, 201, setting the guarantee principal amount as KRW 2,645,700,00,000, and the guarantee term as of October 24, 2018, when the Defendant Company receives a loan from the Korea Housing and Commercial Bank for the purpose of construction of mid-term rental housing (hereinafter “second loan”), and issued the credit guarantee (G) to the Defendant Company on January 19, 201.
C. Defendant B, C, D, and E jointly and severally guaranteed the Defendant Company’s obligations related to each of the above housing finance credit guarantee agreements.
(Defendant E was jointly and severally guaranteed on behalf of the existing guarantor around July 13, 2003).
In the above housing finance credit guarantee agreement, where the defendant company did not repay the loan obligation and the plaintiff performed the guaranteed obligation, the defendants agreed to pay the amount paid by the plaintiff, delay damages therefor, additional guarantee fees for principal obligation by the day immediately before the expiration date of the term unless the guaranteed obligation of the plaintiff is extinguished within the term. The delayed damage rate is 20% per annum from July 1, 2004 and 15% per annum from the next day to the expiration date.
E. On December 8, 2005, the defendant company lost the benefit of the time limit for each of the above lending obligations.