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1. The defendant limited liability company A, C, and B are jointly and severally liable to the Plaintiff for KRW 109,283,956 and KRW 108,545,286 among them.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a credit guarantee contract and loans 1) on July 3, 2009, and the Defendant Limited Company A (hereinafter “Defendant Company”).
(1) Between the Chungcheong Bank and the Chungcheong Bank (hereinafter referred to as the “North Korea Bank”);
(C) A credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with the content that the amount guaranteed is KRW 106,400,000 and that is extended on July 2, 2010 (as of July 1, 201), with respect to the obligation to obtain a loan from the Fund (hereinafter “instant credit guarantee agreement”).
(2) Upon entering into the instant credit guarantee agreement, the Plaintiff and the Defendant Company agreed to pay the Plaintiff additional guarantee fees at the rate of 2.01% per annum for the period of subrogation from the day following the date of payment of the final guarantee fees to the day immediately preceding the date of payment on behalf of the Plaintiff when the Plaintiff was to pay the Plaintiff the amount of subrogated and delayed payment pursuant to the interest rate determined by the Plaintiff from the date of subrogation to the date of payment on behalf of the Plaintiff. The Plaintiff paid expenses to the Plaintiff in order to compensate for claims arising from subrogation. If the Plaintiff’s subrogation was made without paying the guarantee fees under the said credit guarantee agreement, the Defendant Company agreed to pay the Plaintiff additional guarantee fees at the rate of 2.01% per annum
3) Defendant B and C jointly and severally guaranteed each of the above obligations owed to the Plaintiff by the Defendant Company according to the instant credit guarantee agreement (hereinafter Defendant B’s joint and several surety obligation is referred to as “instant joint and several surety obligation”).
(4) On July 3, 2009, the Defendant Company received a loan by setting the maturity period of KRW 130 million from the Jeonbuk Bank (hereinafter “instant loan”) on July 1, 201 under a credit guarantee certificate issued by the Plaintiff pursuant to the instant credit guarantee contract.
B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation are due on July 1, 201.