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The defendant shall not exceed 583,200,000 won and shall be jointly and severally with C to the plaintiff 518,816,731 won and the amount among them.
Reasons
1. Basic facts
A. The Plaintiff entered into a credit transaction agreement with C Co., Ltd. (hereinafter “instant company”) on July 31, 2012, with a credit amount of KRW 200 million, and a credit transaction agreement on July 31, 2013 (hereinafter “instant agreement”). On September 25, 2013, the Plaintiff entered into a credit transaction agreement on September 25, 2017, with a credit amount of KRW 70 million, and a credit transaction agreement on September 25, 2017 (hereinafter “the instant agreement”). On June 12, 2014, the Plaintiff entered into a credit transaction agreement on March 15, 202 (hereinafter “the instant agreement”).
B. In accordance with each of the instant agreements, the Defendant jointly and severally guaranteed the present and future credit obligations owed by the instant company to the Plaintiff. The amount of the guarantee limit is KRW 240,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00
C. As of January 20, 2020, each of the instant agreements came due to the expiration of the credit period, the total amount of principal and interest on the bonds of each of the instant agreements as of January 20, 202 is KRW 518,816,731, and the unpaid principal and interest on the instant agreements are KRW 152,513,030 for the first agreement, KRW 30,152,491 for the second agreement, KRW 30,152,491 for the second agreement, and KRW 14,924,626 for the third agreement.
Meanwhile, according to Article 2 of each of the instant agreements, the instant company shall pay damages for delay to the balance of the credit from that time when it fails to perform its obligations on the expiration date of the credit period or loses its profits pursuant to Article 7 of the General Terms and Conditions for Credit Transactions. The maximum rate of damages for delay stipulated in each of the instant agreements is 17% per annum, and as of January 20, 2020, the rate of damages for delay of each of the instant agreements is 12.91% per annum in the case of the first agreement, 12.92% per annum in the case of the second agreement, and 10.87% per annum in the case of the third agreement.