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1. Defendant A, B, C, and D are jointly and severally liable to the Plaintiff for 1,725,936,558 won and 1,710,041,067 won among them.
Reasons
1. Basic facts
A. The Plaintiff (hereinafter “Defendant Company”) around June 2007, around June 2007.
(2) On June 28, 2007, from June 27, 2013 to September 27, 2013, the credit guarantee agreement was concluded between the creditor new bank and the guarantee period, and the guaranteed principal of USD 6,300,00, and the defendant B, C, and D jointly and severally guaranteed the indemnity obligation owed by the defendant company to the plaintiff under the above credit guarantee agreement. (2) After which the plaintiff and the defendant company entered into several changes in the credit guarantee conditions, the guarantee agreement was concluded several times on September 26, 2014 to September 26, 2014, and the guaranteed principal was changed to USD 1,426,648.
(3) The terms and conditions of the credit guarantee agreement of this case were as follows: (a) upon the Plaintiff’s performance of the guaranteed obligation, the Defendant Company provided the Plaintiff with the credit guarantee agreement of this case at an interest rate of 25% per annum (18% per annum from January 1, 1999 to May 31, 2005; (b) 15% per annum from June 1, 2005 to November 30, 2012; (c) 12% per annum from January 31, 2016 to January 31, 2016; and (d) the interest accrued from the credit guarantee agreement of this case at an interest rate of 305% as determined by the Plaintiff (hereinafter “new bank”) and the interest accrued from the new bank (hereinafter “new bank”) on May 8, 2008.
2) On December 31, 2015, pursuant to the instant credit guarantee agreement, the Plaintiff fulfilled the guaranteed obligation by paying the sum of the principal amount of KRW 1,710,041,067 to the new bank (i.e., the principal amount of KRW 1,688,00,09,913 interest of KRW 22,031,154) to the Defendant Company. (iii) The Plaintiff’s penalty incurred pursuant to the instant credit guarantee agreement due to the said credit guarantee accident is 10,65,890, and the unpaid amount.