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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 172,439,452 and KRW 172,439,378 as to the Plaintiff’s KRW 172,439,378.
Reasons
Facts of recognition
The following facts are not disputed between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the statement in Gap evidence Nos. 1 through 8.
A. On June 19, 2012, the Plaintiff and the Defendant Company A (hereinafter “Defendant Company”) entered into a credit guarantee agreement with the term of June 18, 2013 (hereinafter “credit guarantee agreement of this case”) with the term of June 19, 2013 (hereinafter “credit guarantee agreement of this case”). The Plaintiff jointly and severally guaranteed the Defendant Company’s obligation under the respective credit guarantee agreement of the Plaintiff (hereinafter “each credit guarantee agreement of this case”) with the term of June 18, 2013.
B. Under each credit guarantee agreement of this case, when the plaintiff subrogated for the obligation of loans of the defendant company, the defendant company paid the amount of subrogated payment to the plaintiff and the amount of delayed payment of the contract amount. The delayed interest rate was set at 10% per annum.
C. On June 19, 2012, the Plaintiff issued to the Industrial Bank of Korea a letter of guarantee (Guarantee Number C) of KRW 90 million as the guaranteed amount pursuant to the instant first credit guarantee agreement, and ② on the same day, pursuant to the instant second credit guarantee agreement, a letter of guarantee (Guarantee Number D) of KRW 90 million as the guaranteed amount.
Accordingly, on June 19, 2012, the Defendant Company borrowed 100 million won from the Industrial Bank of Korea under the guarantee under the first credit guarantee agreement of this case, and 200 million won under the guarantee under the second credit guarantee agreement of this case on the same day.
Since then, the time limit for guarantee under each credit guarantee agreement of this case was extended by one year each year, and it was finally changed by June 17, 2015, respectively, and the same day was changed by 85 million won each.
E. On December 28, 2015, the Industrial Bank of Korea lost the benefit of each of the above loans owed to the Industrial Bank of Korea.