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1. As to the Plaintiff, Defendant A’s KRW 205,292,534, and KRW 204,692,028 among them, the year from March 29, 2016 to September 4, 2016.
Reasons
1. Basic facts
A. Defendant A is a person who has been engaged in gas station business in the trade name called “D,” Defendant C is a person who leased and operated gas station from Defendant A, and Defendant B is a person who has been engaged in gas station business in Sejong Special Self-Governing City and is a person who has been engaged in gas station business in Sejong Special Self-Governing City.
B. 1) The Plaintiff entered into a credit guarantee contract with Defendant A to secure the principal and interest of the loan due to the loan granted by the said Defendant from the North Korean bank (Evidence A No. 1; hereinafter “the instant guarantee contract”) as follows (Evidence A No. 1; hereinafter “the instant guarantee contract”).
(a) A. Contractor (Contractor)
(b) Date of guarantee;
(c) The amount guaranteed;
(d) Term of guarantee;
(e) Loan institutions;
F. According to the instant guarantee agreement, Defendant A, on July 29, 2014, borrowed money from the previous North Korean bank as collateral for the credit guarantee certificate issued by the Plaintiff pursuant to the instant guarantee agreement. (3) According to the instant guarantee agreement, where the Plaintiff performed the guaranteed obligation pursuant to the guarantee agreement, the obligor shall pay to the Plaintiff, ① the amount of the guaranteed obligation paid by the Plaintiff, ② the expenses incurred in the performance of the guaranteed obligation, ② the expenses incurred in the performance of the guaranteed obligation, and the expenses incurred in the preservation and transfer of the right acquired through the performance of the guaranteed obligation, ③ the unpaid guarantee fee, overdue guarantee fee, penalty, etc.
Meanwhile, the rate of damages for delay determined by the Plaintiff is 10% per annum from February 1, 2016 to the present.
4) Article 6(1)2 of the instant guarantee agreement provides that the Defendant A bears the obligation to pay in advance to the Plaintiff upon the closure of the business by D. C. D’s occurrence of a guarantee accident and the Plaintiff’s subrogation 1) Defendant A’s operation was closed on December 31, 2015.
2) On March 23, 2016, Jeonbuk Bank notified the Plaintiff that the guarantee accident against Defendant A occurred on February 29, 2016 (the date of a loan agreement).