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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 181,93,95 and KRW 181,465,935 among them.
Reasons
1. Facts of recognition;
A. The Plaintiff, March 18, 2009, on the instant credit guarantee agreement and joint and several sureties 1, 2009, is Defendant A Co., Ltd. (hereinafter “Defendant Company”).
between the defendant and the Korean Bank, Inc. (hereinafter referred to as "Korea Bank").
(2) The credit guarantee agreement of this case was concluded to provide credit guarantee for the money borrowed from the recipient (hereinafter “the credit guarantee agreement of this case”).
(2) On January 8, 201, Defendant B, who was appointed as the representative director of the Defendant Company, guaranteed all the obligations of the Defendant Company that may be present or future pursuant to the aforementioned credit guarantee agreement on March 17, 2011. (2) The Defendant Company obtained a loan from Korea Bank KRW 190,000,000 as security for a credit guarantee certificate issued by the Plaintiff based on the instant credit guarantee agreement.
3) At the time of the instant credit guarantee agreement, when the Plaintiff and the Defendant Company met the guaranteed obligation due to the Defendant Company’s failure to repay the above loan, the Plaintiff and the Defendant Company immediately agreed to pay without delay the Plaintiff the agreed damages calculated by multiplying the amount of the guaranteed obligation by the ratio as determined by the Plaintiff from the date of performance to the date of full payment, ③ the expenses incurred in the performance of the guaranteed obligation, ④ the expenses incurred in the preservation, transfer, and exercise of the right acquired by the Plaintiff as a result of the discharge of the guaranteed obligation, and the Plaintiff agreed to comply therewith when the interest rate on the damages incurred by the Plaintiff’s subrogation was changed. The interest rate on the damages incurred by the Plaintiff’s subrogation is 12% per annum from January 30, 2013 to March 14.
B. The Defendant Company caused a guarantee accident by the Defendant Company and the Plaintiff’s subrogation payment, etc. on September 24, 2013. The Plaintiff subrogated for KRW 182,090,860 to Korea Bank on November 8, 2013 according to the instant credit guarantee agreement. (2) The Plaintiff spent KRW 1,160,800 as the cost of compensating for the Defendant Company’s claim.
3. The plaintiff thereafter is the defendant company's KRW 1,317,870.