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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 834,952,320 and KRW 831,208,706 among them.
Reasons
Basic Facts
On December 31, 2010, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) and entered into a credit guarantee agreement (hereinafter “instant first guarantee agreement”) with the Defendant Co., Ltd. (hereinafter “Defendant A”) as stipulated in the credit guarantee agreement (hereinafter “instant first guarantee agreement”) between December 31, 201 and December 30, 201, the transaction period from December 31, 2010 to December 30, 2011. The Defendant A borrowed KRW 1,50,000,000 from our Bank on the same day in accordance with the first guarantee agreement.
On January 17, 2013, the Plaintiff entered into a credit guarantee agreement (hereinafter referred to as “instant guarantee agreement”) with Defendant A with the amount of KRW 800,000,000 (the subsequent change to KRW 576,00,000) and the transaction period from January 17, 2013 to January 16, 2014 (the change to January 13, 2017) (hereinafter referred to as “the instant guarantee agreement”); and Defendant A borrowed KRW 1,00,000,000 from a new bank in accordance with the instant guarantee agreement on the same day.
At the time of each guarantee agreement of this case, when the plaintiff performed the guaranteed obligation for the defendant A, the plaintiff agreed to pay to the plaintiff ① the amount of subrogated payment and the amount of delay calculated at the rate determined by the plaintiff (10%) from the date of subrogated payment to the date of subrogated payment, ② the penalty calculated by adding the rate of 0.5% per annum to the guarantee fee rate set by the plaintiff from the date following the expiration date of the period of subrogated payment, ③ the legal procedure expenses incurred by the plaintiff in order to enforce or guarantee the right by performing the guaranteed obligation.
Defendant B jointly and severally guaranteed the obligation of indemnity to be borne by Defendant A in accordance with each guarantee agreement of this case.
The occurrence of a credit guarantee accident and subrogation.