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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 107,782,064 and KRW 106,843,337 among them.
Reasons
1. Chief;
1. The plaintiff is a juristic person established with the aim of contributing to the development of the national economy by guaranteeing the debts of enterprises which lack security solvency under the Korea Technology Finance Corporation Act and facilitating the financing of enterprises.
2. Conclusion of a guarantee agreement;
A. When Defendant B (hereinafter “C”) receives a loan from Defendant B Co., Ltd., the Plaintiff entered into a guarantee agreement with Defendant B, and issued to C a guarantee agreement with the following contents:
(A) A’s 1 guarantee agreement, A’s 2 guarantee agreement, A’s 3-1, and each notice of change in the terms and conditions of guarantee in Gap’s 3-2). A’s 360,000,000 guarantee amount for general loan (facilities) loan of the lending bank C (the change to KRW 104,94,000) guarantee date on June 28, 2012 (the change to June 28, 2017) - A’s guarantee date on June 28, 2017 (the change to June 28, 2018) - In the meantime, Defendant B entered into a guarantee agreement with the Plaintiff as the principal debtor in relation to the said agreement, but on the other hand, Defendant B changed from E to F to the main debtor on March 6, 2013.
(See A evidence 1-2 guarantee agreement, A-3 No. 3-1 guarantee notification). (b)
According to the terms and conditions of the Guarantee Agreement, when the Plaintiff performed the guaranteed obligation, Defendant A would pay to the Plaintiff all the incidental expenses, such as the amount subrogated by the Plaintiff, delay damages at the interest rate determined by the Plaintiff after the date of performance, and other legal procedure expenses paid by the Plaintiff.
(see Evidence A No. 1-2 Guarantee Agreement). (c)
On the other hand, the interest rate on delay damages determined by the Plaintiff is 10% per annum from February 1, 2016.
(See A’s change in the rate of damages)
Defendant B, in relation to the above agreement that Defendant A entered into with the Plaintiff, will be jointly and severally liable for all obligations that Defendant A owes to the Plaintiff.