beta
Text
1. As to KRW 444,107,32 and KRW 441,070,252 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from September 9, 2019 to September 23, 2019.
Reasons
1. Basic facts
A. On May 13, 2013, the Plaintiff entered into a credit guarantee agreement between B and B, with respect to the obligation to repay the principal and interest of loan, with respect to the loan repayment obligation from a corporate bank, from May 13, 2013 to May 12, 2014; and issued a credit guarantee agreement with a small and medium enterprise financing loan with a loan subject (hereinafter “credit guarantee agreement”); and the Defendant jointly and severally guaranteed the first credit guarantee agreement.
B On May 14, 2013, a corporation submitted the credit guarantee agreement to an enterprise bank to obtain a loan of 330,000,000, and the Plaintiff and B corporation extended the guarantee amount of the first credit guarantee agreement to 263,50,000, and the credit guarantee period to 263,50,000.
B. On June 15, 2015, the Plaintiff entered into a credit guarantee agreement between B and B, and issued a credit guarantee agreement between June 15, 2015, with respect to the obligation to repay the principal and interest of loan, with respect to the obligation to repay the principal and interest of loan from a corporate bank, from June 15, 2015 to June 14, 2016, and from June 15, 2016 to June 14, 2016. The Defendant jointly and severally guaranteed the second credit guarantee agreement.
B Co., Ltd. received a loan of 200,000,000 by submitting the credit guarantee statement to a corporate bank on June 16, 2015.
Since then, the plaintiff and the corporation B extended the credit guarantee period to June 13, 2019.
C. B Co., Ltd. caused a credit guarantee accident for defective treatment (non-smoking) on June 3, 2019. On September 9, 2019, the Plaintiff subrogated to 441,070,252 won (=260,836,420 won [i.e., the principal amount of the first credit guarantee agreement 260,498,208,202 won) 180,233,832 won (i.e., the principal amount of the second credit guarantee agreement 180,000,000 won and interest amount of KRW 233,832). Meanwhile, the penalty under the second credit guarantee agreement is KRW 3,037,080 for damages under the first and second credit guarantee agreement / [based on recognition] 5 of each subparagraph 1 through 5 of the Evidence No.
2. Determination
(a) above;