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1. Defendant A Co., Ltd. and B jointly and severally against the Plaintiff KRW 934,07,608 and KRW 928,318,98 among them, as to June 20, 2018.
Reasons
1. Facts of recognition;
A. Conclusion of a credit guarantee agreement and joint and several sureties 1) The Plaintiff Co., Ltd. (hereinafter “Defendant A”).
(1) In order to secure the repayment of loans to financial institutions by Defendant A, each credit guarantee agreement between Defendant A (hereinafter “each of the instant credit guarantee agreements”) with the terms and conditions as set out in the following table, and the credit guarantee agreement between each of the sequences set forth below is “the credit guarantee agreement of this case”.
Defendant B, who is the representative director of Defendant A, had a joint and several guarantee agreement of each of the instant credit guarantee agreements (hereinafter referred to as the “joint and several guarantee agreement of this case”).
(2) On May 11, 2016, Defendant A, a joint guarantor, obtained a respective loan of KRW 630,000,000 from D Bank, on February 22, 2017, 2017, KRW 630,000,00,00, which was issued pursuant to each of the credit guarantee agreements of this case, as security, from D Bank, on May 13, 2016, with a guarantee certificate issued pursuant to each of the credit guarantee agreements of this case.
(hereinafter “each of the instant loans”). On the other hand, each of the instant credit guarantee agreements provides that ① the principal and the joint guarantor shall pay damages for delay calculated by multiplying the amount of the guaranteed obligation by the interest rate and calculation method set by the Plaintiff from the date of the performance of the guaranteed obligation until the date of the repayment of the guaranteed obligation, ② the expenses incurred in the performance of the guaranteed obligation, ④ the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, ④ the unpaid guarantee fee, overdue guarantee fee, additional guarantee fee, performance guarantee fee, and ④ the amount paid under the above paragraphs (3) and (4) by the rate set by
The agreed interest rate for delay applicable to each credit guarantee agreement of this case shall be 10% per annum from February 1, 2016 to the date.
B. Occurrence of a credit guarantee accident and Plaintiff.