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1. The Plaintiff:
A. As to the Defendant A and B’s joint and several liability amounting to KRW 344,169,726 and KRW 341,673,648.
Reasons
1. Facts of recognition;
A. (1) On March 25, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) with the term of March 24, 2017, stipulating that the credit guarantee principal of the credit guarantee principal of KRW 120,00,000, and the guarantee period of KRW 124,000,00 (hereinafter “instant guarantee agreement”), Defendant B, and C jointly and severally guaranteed the obligation under the above credit guarantee agreement of Defendant A on the same day, and thereafter, Defendant A received loans from the Industrial Bank of Korea after submitting a credit guarantee agreement issued by the Plaintiff.
(2) On March 25, 2009, the Plaintiff entered into a credit guarantee agreement between Defendant A and the end of March 24, 2014 with the credit guarantee principal of KRW 150,00,00,00, and the guarantee period of the credit guarantee contract (hereinafter “instant guarantee agreement”); Defendant B and C jointly and severally guaranteed the obligation under the said credit guarantee agreement of Defendant A on the same day; thereafter, Defendant A submitted a credit guarantee agreement issued by the Plaintiff and received loans from the Industrial Bank of Korea.
(3) On April 29, 2013, the Plaintiff entered into a credit guarantee agreement between Defendant A and the end of April 29, 2014 with the credit guarantee principal of KRW 190,00,000, and the guarantee period of KRW 190,000 (hereinafter “instant guarantee agreement”); Defendant B and the same day, Defendant A jointly and severally guaranteed the obligation under the said credit guarantee agreement; thereafter, Defendant A submitted a credit guarantee agreement issued by the Plaintiff and received loans from the Industrial Bank of Korea.
B. At the time of the pertinent credit guarantee agreement, Defendant A, B, and C agreed to pay additional guarantee fees and substitute payments when the Plaintiff performed the guaranteed obligation, and to pay damages for delay in accordance with the interest rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment.
C. Defendant A caused a credit guarantee accident with a natural body on December 24, 2013. The Plaintiff on April 11, 2014: (a) 341,673,648 won to the Industrial Bank of Korea under the first guarantee contract of this case = KRW 97,702,908 under the second guarantee contract of this case.