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1. Defendant A and B jointly and severally filed a claim against the Plaintiff for KRW 91,336,363 and KRW 90,716,513 among them.
Reasons
1. Determination as to the claim for reimbursement against Defendant A and Defendant B
A. (1) On November 12, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Company”) with respect to a loan granted by the Defendant Company from its subsidiary branch of the Industrial Bank of Korea (hereinafter referred to as the “Bank”), and the Defendant Company entered into a credit guarantee agreement with the Industrial Bank of Korea as of November 12, 2014, to guarantee the repayment of the principal and interest of the loan, and issued a guarantee of the same content.
According to the above credit guarantee agreement, the Plaintiff made a guarantee under the Korea Technology Finance Corporation Act for the guarantee period within the scope of the guarantee amount. In the event that the Plaintiff performed the guarantee obligation on behalf of the Defendant Company on behalf of the Defendant Company, the Defendant Company pays ① the payment made by the Plaintiff for such performance and the damages for delay based on the Plaintiff’s rate of damages from the payment date to the full payment date, ② additional guarantee fees based on the rate calculated by adding the guarantee fee rate applied from the day following the expiration date of the payment due date until the date immediately preceding the payment date to the date of payment due, and ③ additional guarantee fees based on the rate calculated by adding the guarantee fee rate applied from the date following the expiration date of the payment due to the guarantee
(2) Defendant B jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff pursuant to the aforementioned credit guarantee agreement.
(3) On November 13, 2013, Defendant Company received a loan of KRW 100 million from the Industrial Bank of Korea as security. Since then, the Plaintiff extended the guarantee period every one year and extended the guarantee period until November 11, 2016.
(4) On December 9, 2016, the Industrial Bank of Korea notified the Plaintiff on November 11, 2016 of the occurrence of a guarantee accident of the principal in arrears. On February 22, 2017, the Plaintiff sent the principal and interest of KRW 90,716,513 to the Plaintiff.