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1. The Plaintiff:
A. Defendant A: (a) for KRW 202,453,173 and KRW 202,210,983 among them, the amount of KRW 202,453,173 from July 7, 2016 to November 12, 2016.
Reasons
1. Basic facts
A. 1) On June 12, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A, setting the guarantee principal of KRW 200,000,000, and the guarantee period as between June 12, 2015 and June 10, 2016, and Defendant A’s New Bank Co., Ltd. (hereinafter “New Bank”) (hereinafter “New Bank”).
(i) a credit guarantee agreement with a view to guaranteeing the performance of obligations for repayment of loans (hereinafter referred to as the “One Agreement”).
(2) As well as (2) a credit guarantee agreement with the content that guarantees the performance of the obligation to repay loans to Defendant A’s new bank (hereinafter “instant agreement”) by setting the guaranteed principal of KRW 33,00,000, and the guarantee period from June 12, 2015 to June 10, 2016 (hereinafter “instant credit guarantee agreement”). The sum of the agreements Nos. 1 and 2 is referred to as “each of the instant agreements.”
(2) Under each credit guarantee agreement of this case, when the Plaintiff performed the guaranteed obligation due to Defendant A’s failure to perform his/her obligation to a new bank, the Plaintiff agreed to pay the amount of subrogation and the damages for delay calculated at the rate determined by the Plaintiff from the date of subrogation to the date of payment, expenses for preservation and execution, unpaid guarantee fees, delayed guarantee fees, penalty, etc. to the Plaintiff. The Plaintiff set the rate of damages for delay of indemnity claim due to subrogation to 10% per annum from February 1, 2016 to the present.
3) On June 12, 2015, Defendant B and C Co., Ltd. jointly and severally guaranteed all obligations, such as indemnity liability, to be borne by Defendant A pursuant to the Agreement under Article 2. 4) Defendant A issued a written credit guarantee under each credit guarantee agreement from the Plaintiff on June 12, 2015, and provided a guarantee of the first agreement on the same day as well as a general loan of KRW 200,000,000 from the new bank (hereinafter “first loan”), provided a guarantee of the second agreement as security, and provided a guarantee of the second agreement as general loan of KRW 33,00,000,000 as security, and combined loans of KRW 1 and 2.