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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 182,790,715 and KRW 181,104,675 from May 30, 2014 to September 30, 2014.
Reasons
1. Indication of claim;
A. On December 17, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A (hereinafter “Defendant A”) with respect to a loan obligation that Defendant A owes to the Korea Cmat Bank Co., Ltd. (hereinafter “Korea Cmat Bank”), with the content that the principal of the credit guarantee shall be KRW 176 million, and the credit guarantee period shall be from December 17, 2013 to March 17, 2014 (hereinafter “instant guarantee agreement”).
In addition, Defendant B and C jointly and severally guaranteed all obligations that Defendant A owes to the Plaintiff under the instant guarantee agreement.
B. According to the instant guarantee agreement, (1) in the event that the Plaintiff performs the guaranteed obligation, Defendant A shall pay the Plaintiff the amount paid by the Plaintiff for the performance of the guaranteed obligation, (2) the amount paid by the Plaintiff at the rate determined by the Plaintiff after the date of performance, (3) all incidental obligations such as the legal procedure expenses paid by the Plaintiff for the preservation of claims, etc., (4) if the Plaintiff’s guaranteed obligation is not extinguished by the date on which the principal obligation is discharged, the additional guarantee fee for the principal obligation remaining during the period from the day following the expiration date of the payment period to the day before the date of subrogation. (2)
C. Defendant A received a credit guarantee certificate from the Plaintiff pursuant to the instant guarantee agreement and received a loan of KRW 220 million from the Korea CTR Bank as collateral.
(hereinafter referred to as "the loan of this case") d.
Defendant A caused a credit guarantee accident due to delinquency in interest on February 18, 2014. Accordingly, the Plaintiff subrogated to the Korea Development Bank for KRW 181,104,675 of the principal and interest of the instant loan, pursuant to the instant guarantee agreement, on May 30, 2014.
E. Meanwhile, Defendant A failed to perform the principal obligation by the guarantee period under the instant guarantee agreement, resulting in KRW 880,000,000. The Plaintiff paid KRW 816,690 with the indemnity claim preservation cost.