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1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 1,525,201,572 as well as KRW 1,517,408,064 as to the Plaintiff.
Reasons
1. Basic facts
A. (1) The Plaintiff entered into a credit guarantee agreement, etc.) around September 27, 2010, the Defendant A Co., Ltd. (hereinafter “Defendant Company”).
B) As to the loan obligations that the Defendant Company will take out from the Industrial Bank of Korea, the amount guaranteed by the Defendant Company KRW 2.997 billion and the term from the same date to September 26, 2018, provides a credit guarantee agreement with the effect that the Plaintiff guarantees the said loan obligations (hereinafter referred to as the “credit guarantee agreement of this case”).
(2) At the time of the instant credit guarantee agreement, Defendant B and C jointly and severally guaranteed the Defendant Company’s obligations arising from the instant credit guarantee agreement against the Plaintiff.
3) According to the instant credit guarantee agreement, when the Plaintiff performed the guaranteed obligation due to the Defendant Company’s failure to perform the above loan obligation, the Defendant Company and the joint guarantor agreed to reimburse the Plaintiff’s subrogated payment and the amount of delay damages, penalty, guarantee fee, expenses, etc. at the rate determined by the Plaintiff (15% per annum from June 1, 2005 to November 30, 2012, and 12% per annum from December 1, 2012). (B) The Defendant Company borrowed 3.37 billion won from the Industrial Bank of Korea, but lost the benefit of time due to defective treatment on June 28, 2012.
2) On November 15, 2012, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 1.466,1.4 million with interest, KRW 56,247,964 with interest, KRW 1,517,64 in total, KRW 1,517,64.3) on November 15, 2012, the Plaintiff recovered KRW 239,900 from the Defendant Company on November 15, 2012, and on November 15, 2012, the Plaintiff collected KRW 1,525,201,572 with interest on indemnity against the Defendant Company as of November 15, 2012 (i.e., KRW 1,517,647,964 in total (i.e., subrogated amount 1,517,97,964 in total) and KRW 98 in advance,065,840 in total, and KRW 3,727,570 won in penalty).
C. The Defendant Company’s act of disposing of the property of the Defendant Company is the Defendant Company on June 4, 2012.