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1. The Defendants: (a) each of the Plaintiff KRW 270,765,568 and KRW 36,840,000 among the Plaintiff; and (b) Defendant B Co., Ltd. on December 2017.
Reasons
1. Basic facts
A. A. Around September 2012, Defendant B Co., Ltd. (hereinafter “Defendant Company”) obtained a loan of KRW 375 million from Han Bank Co., Ltd. (hereinafter “instant loan agreement”) on a due date on May 30, 2017 (hereinafter “instant loan agreement”); and in the process, the Credit Guarantee Fund and the Credit Guarantee Fund concluded a credit guarantee agreement with the amount of KRW 300 million on September 28, 2012 (hereinafter “instant credit guarantee agreement”).
B. At the time, the Plaintiff, as the representative director of the Defendant Company, jointly and severally guaranteed the obligation under the instant loan agreement and the obligation under the instant credit guarantee agreement against the Korea Credit Guarantee Fund.
C. From March 2015, the Plaintiff requested the Defendant Company to resign from the office of representative director. On December 27, 2016, Defendant C and Defendant D, the auditor of the Defendant Company, prepared a letter of performance (hereinafter “instant performance letter”) stating that “The disposition of resignation of the representative director of the Plaintiff shall be made until February 15, 2017, and the credit guarantee fund loans shall be repaid until May 31, 2017, and shall not be damaged to the Plaintiff’s personal guarantee.”
(Defendant Company and Defendant C are written as a letter of performance of this case, and Defendant D was written as a performance bond).
Until May 30, 2017, the maturity date of the instant loan, the Defendant Company caused a credit guarantee accident due to the failure to repay the principal to Han Bank, a stock company, and the Credit Guarantee Fund subrogated KRW 22,303,408 to Han Bank on behalf of the Defendant Company on June 30, 2017 in accordance with the instant credit guarantee agreement.
[Ground of recognition] Defendant Company and Defendant C: A without dispute, entry in Gap’s evidence Nos. 1 through 5, the purport of the whole pleadings, and Defendant D: deemed confession (the main text of Article 150(3) and Article 150(1) of the Civil Procedure Act)
2. Judgment on the plaintiff's claim
A. According to the above facts of recognition of the claim for the ex post facto indemnity, the Defendants objection to the Plaintiff.