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1. As to KRW 38,747,750 among the Plaintiff and KRW 37,94,770 among the Plaintiff, Defendant A’s year from May 13, 2014 to August 8, 2014.
Reasons
1. In fact, the following facts do not conflict between the Plaintiff and the Defendant, and the Plaintiff and the Defendant’s Han Bank (the trade name before the change on September 1, 2015: Korea Exchange Bank; hereinafter “Defendant Bank”) may be acknowledged by taking account of the overall purport of the pleadings between the Plaintiff and the Defendant’s Han Bank (including branch numbers).
(1) On September 10, 2013, the Plaintiff Company B (hereinafter “B”)
(2) The credit guarantee agreement with the following table (hereinafter referred to as the “instant credit guarantee agreement”).
The Defendant A, the representative of B, has concluded a credit guarantee agreement and issued a credit guarantee letter accordingly. Defendant A, pursuant to the credit guarantee agreement of this case, jointly and severally guaranteed the obligation to be borne by the Plaintiff. The following provisions are prescribed in Articles 7(1)4 and 8(1) and (2) of the Agreement on the Credit Guarantee Agreement of Defendant A2 of the Bank on September 10, 2013, which is a joint and several surety for the type of loan guarantee period for the date of guarantee.
Article 7 (Right of Preliminary Reimbursement) (1) When any cause falling under any of the following subparagraphs occurs to the principal, the principal shall immediately notify the Corporation thereof and redeem the amount guaranteed by the Corporation before the performance of the obligation of the Corporation, even if there is no notice or demand from the Corporation:
4.In the event that any cause for the registration of the information on default on payment by subrogation (including any information related thereto), the information on disturbing financial order, or the information on public records occurs under the "Management Rules of the Korea Federation of Banks", Article 8 (Reimbursement of Guarantee Obligations, etc.) (1) If the Corporation has discharged its guaranteed obligation, it shall refund the following amount to the Corporation in such manner as the Corporation determines
1. Amount of surety obligations;
(2) The principal shall be subject to paragraph (1) of this Article.