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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 157,222,728 and KRW 156,002,251 among them.
Reasons
1. Facts of recognition;
A. The Plaintiff’s credit guarantee and subrogation, etc. 1) Defendant A, as an operator of a private business chain D, obtained a small and medium enterprise loan from the Industrial Bank of Korea on April 14, 201, the Plaintiff and the Plaintiff up to April 13, 2012 (up to 176,00,000 won of the guaranteed amount, and the period of guarantee (up to 176,000,000 won of the guaranteed amount, and the period of guarantee was finally changed on April 11, 2014.
(i) enter into a credit guarantee agreement (hereinafter referred to as “instant credit guarantee agreement”);
(B) The Bank received a credit guarantee certificate from the Plaintiff and received a loan of KRW 234,00,000 from the Bank. The Defendant B (Defendant A is the representative director).
Defendant B (hereinafter referred to as “Defendant B”).
(2) Article 10(1) of the Credit Guarantee Agreement provides that “When the plaintiff has performed the guaranteed obligation, the principal (the defendant A; hereinafter the same shall apply) and the joint guarantor shall immediately repay the amount falling under any of the following subparagraphs”, “the amount of the guaranteed obligation (paragraph 1) calculated by multiplying the amount under subparagraph 1 by the rate determined by the plaintiff from the date of the repayment of the guaranteed obligation until the date of the repayment of the guaranteed obligation,” “amount of damages (paragraph 2),” “unpaid guarantee fee, delayed guarantee fee, penalty (paragraph 5)”, and Article 6(1) provides that “if any of the following causes has occurred to the principal, the principal and the joint guarantor shall bear the obligation to repay in advance against the amount guaranteed by the plaintiff, even if not notified by the plaintiff,” and one of them provides that “When Article 5 (Obligation to Fulfill the principal obligation) has been violated,” “when the credit information federation has made a provisional attachment, order in arrears, or a provisional disposition (Article 4).”