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1. Defendant A and Defendant B jointly and severally agreed with the Plaintiff KRW 190,763,483 and KRW 189,053,963 among them.
Reasons
1. Facts of recognition;
A. (1) The Plaintiff entered into a credit guarantee agreement and a joint and several guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) on June 23, 2014. From June 24, 2014 to June 21, 2019, the term of the credit guarantee agreement was from June 24, 2014 to June 21, 2019. During the said guarantee period, the Plaintiff entered into a credit guarantee agreement with the amount of KRW 300,0
(2) According to the above credit guarantee agreement, Defendant A pays to the Plaintiff the guarantee fee at a rate set by the Plaintiff in providing credit guarantee for the above Defendant’s loan obligation. ② The amount subrogated by the Plaintiff and the damages for delay at the rate set by the Plaintiff from the date of subrogation to the date of full payment; ③ the penalty calculated by multiplying the guaranteed amount, out of the guaranteed amount, by the rate calculated by adding the guarantee fee rate of 0.5% per annum from the day following the due date of guarantee to the date of subrogation, ④ the amount of the guaranteed amount which has not been performed when the Defendant A fails to discharge the principal obligation within the due date, ④ the amount of compensation for delayed payment due to subrogation, or all incidental obligations such as legal procedure expenses paid by the Plaintiff in subrogation in relation to the exercise of the right to indemnity claim arising from the date of subrogation, or the procedure of preservation. The rate of damages for delay determined by the Plaintiff is 10% per annum from February
(3) Meanwhile, at the time of the above credit guarantee agreement, Defendant A, the representative director of Defendant A, jointly and severally guaranteed all debts owed to the Plaintiff under the instant credit guarantee agreement.
B. On June 24, 2014, the Plaintiff issued an individual credit guarantee certificate of KRW 300,00,000 on June 21, 2019, the guarantee term of KRW 300,000,00 for the principal and interest of the corporate general loan (driving-Temporary Repayment) to be borrowed from the non-party D Bank’s opening branch (the non-party D Bank’s opening branch) under the said credit guarantee agreement.
C. (1) The principal of the above loan (repaid in installments) on June 27, 2017 by Defendant A.