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Defendant A and B Co., Ltd. jointly and severally for the Plaintiff KRW 276,458,652 and KRW 274,525,627 among them.
Reasons
1. Basic facts
A. On September 19, 2014, the Plaintiff is the Defendant Company A (hereinafter “Defendant Company”).
(E) between the Defendant Company’s foreign exchange bank (which was incorporated with a first bank) and becomes a “KB bank”;
The "Foreign Exchange Bank" shall not be distinguished before and after the consolidation.
(i) a credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement in this case”) with respect to the credit guarantee obligation (amount to KRW 375,00,000) with respect to a credit guarantee principal of KRW 300 million (80%) and the credit guarantee period from September 19, 2014 to September 18, 2015 (hereinafter referred to as the “credit guarantee agreement”).
(2) According to the credit guarantee agreement of this case, Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed the obligation under the credit guarantee agreement of this case against the Plaintiff of the Defendant Company. (2) According to the credit guarantee agreement of this case, the Plaintiff is entitled to receive advance indemnity from the Defendant Company and the Defendant Company in the event that the cause as prescribed in each subparagraph of Article 6(1) occurs, such as the occurrence of non-performing credit guarantee or the request for the performance of the guaranteed obligation from the creditor of the credit guarantee (foreign exchange bank), etc. (Article 6(1). When the Plaintiff performs the credit guarantee obligation, the Plaintiff is entitled to receive advance indemnity from the Defendant Company and the Defendant Company, (Article 10(1)(Article 1), (1)(Article 10(1)(Article 10), (2) calculated at the rate as determined by the Plaintiff from the date of the performance of the guaranteed obligation to the date of the repayment of the guaranteed obligation (Article 10(1)2), (3) expenses incurred in the preservation, transfer and exercise of the right acquired through the discharge of the guaranteed obligation.
3) On September 19, 2014, Defendant Company received a loan of KRW 375,000,000 from the Foreign Bank based on the instant credit guarantee agreement (hereinafter “instant loan”).
As the term of credit guarantee agreement in this case was extended on September 1, 2015 to September 13, 2016, the credit guarantee principal was reduced to KRW 270,000,000.
(b)the defendant company;