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1. The Defendants are jointly and severally liable to the Plaintiff for the amount of KRW 198,637,41 and KRW 196,065,235 among them.
Reasons
1. The following facts can be acknowledged in light of the following facts: (a) there is no dispute between the parties; (b) Gap evidence No. 1-1-1-10; (c) No. 2; and (d) Gap evidence No. 3; and (e) the purport of the whole pleadings.
1) Defendant A Co., Ltd. (hereinafter “Defendant Company”).
(1) As to the obligation to be borne by the Industrial Bank of Korea upon receiving a loan from the Industrial Bank of Korea, the Plaintiff and the Plaintiff set forth on May 7, 2007 a credit guarantee agreement (hereinafter “instant guarantee agreement”) with the term “the guaranteed principal of KRW 216 million and the term of guarantee from May 7, 2007 to May 6, 2008” (hereinafter “instant guarantee agreement”).
Since then, the instant guarantee agreement entered into a contract with the Defendant Company as to the obligation to be borne by the Plaintiff in accordance with the credit guarantee agreement of this case (the last change until May 2, 2014), and Defendant B and C, pursuant to the credit guarantee agreement of this case, were jointly and severally guaranteed. (2) Under the instant guarantee agreement, the Defendant Company submitted the following credit guarantee agreement issued by the Plaintiff as security and borrowed KRW 270 million from the Industrial Bank of Korea.
＊보증번호 : D ＊보증금액 : 2억 1,600만 원 ＊보증기한 : 2008. 5. 6. ＊대출예정금액 : 2억 7,000만 원 ＊보증비율 : 80%
B. With regard to the terms of the credit guarantee agreement in this case, where the plaintiff performs the above guaranteed obligation, the defendants suffered from ① money paid by the plaintiff for the performance of the guaranteed obligation and damages for delay based on the rate prescribed by the plaintiff for the performance of the guaranteed obligation, ② expenses required for the performance of the plaintiff's guaranteed obligation, ③ expenses required for the execution, preservation, and legal procedure of the claim paid by the plaintiff on behalf of the plaintiff, ④ if the guarantee obligation of the plaintiff is not extinguished by the date the principal obligation is to be performed, the penalty for the remaining principal obligation during the period from the day following the expiration date