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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 1,109,79,765 and KRW 256,659,171 among them.
Reasons
1. Basic facts
A. The Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant A”), and Defendant A obtained a loan from the Industrial Bank of Korea, etc. as security, and Defendant B jointly and severally guaranteed the instant credit guarantee agreement.
The content of September 11, 2009-9 1255,000,000 on September 11, 2007 through September 11, 007 ( September 6, 13, 208) (i.e., 13. 1) of the guarantee number guarantee execution date of the guarantee number guarantee contract is a modified guarantee condition;
(hereinafter the same shall apply)
The Industrial Bank of Korea on September 11, 207.2 693,500,000 (657,000,000) from May 6, 201 to May 6, 11, 2010, the Bank of Korea on May 6, 2010 (13. 3. ) 170,000,000,000 on May 7, 10, 201 to June 9, 201, Korea Exchange Bank on June 8, 201 (6. 7. 13. 6. 9)
According to the instant credit guarantee agreement, when the Plaintiff fulfilled a guaranteed obligation, the contractor and the guarantor shall pay to the Plaintiff the amount subrogated by the Plaintiff, and the damages for delay equivalent to the rate determined by the Plaintiff from the date of subrogation to the date of full payment (12% per annum) and the legal procedures necessary for the enforcement or preservation of the claim for reimbursement.
C. On October 23, 2012, Defendant A lost profits due to the Industrial Bank of Korea on November 23, 2012, the principal and interest accrued to Korea Exchange Bank on November 1, 2012, and on November 22, 2012, the Plaintiff paid KRW 259,606,061 to the Industrial Bank of Korea on February 26, 2013, and paid KRW 673,453,378 to Korea Bank on March 8, 2013, and KRW 175,547,515 to Korea Exchange Bank on March 21, 2013.
On the other hand, on March 8, 2013, the Plaintiff collected KRW 2,905,420, and KRW 41,470 on March 12, 2013, and KRW 41,470 on the delivery fee and substitute refund for the repayment of the claim for reimbursement based on subrogation against the Bank, and appropriated the claim for reimbursement against the Bank (=256,659,606,061 - 2,905,420 won - 41,470 won). The Plaintiff collected KRW 259,606,06,061, - 2,905,420 won as a result of the said recovery.