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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 48,598,980 and KRW 48,492,60 among the Defendants, from October 18, 2016 to December 12, 2016.
Reasons
1. Facts recognized;
A. The Plaintiff entered into a guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant”) on behalf of the Plaintiff to guarantee the payment of the principal and interest of loan within the scope of the guaranteed amount for the purpose of securing the payment of the principal and interest of loan by the Defendant Co., Ltd. (hereinafter “Defendant”) and the Korea Technology Finance Corporation under the Korea Technology Finance Corporation Act within the scope of the guaranteed amount. In the event that the Plaintiff performed the guaranteed obligation on behalf of the Defendant Co., Ltd, the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) entered into a guarantee agreement with the effect that ① the amount paid by the Plaintiff for the performance of the guaranteed obligation, the interest rate paid by the Plaintiff on subrogation, the interest rate in arrears by the financial institution, or the damages for delay by the Plaintiff’s due interest rate on the terminated principal and interest, and ③ additional guarantee fees with the rate calculated by adding the guarantee fee rate applied
B. On August 27, 2014, the Plaintiff issued a letter of guarantee (Guarantee NumberC) on August 26, 2015, with respect to the principal and interest obligation of KRW 50,000,000 for small and medium enterprise loans that the Defendant Company would obtain from the said bank, based on the said guarantee agreement, with the payment period of KRW 50,000,000 for the guaranteed amount and the payment period of KRW 26,00 for the guaranteed amount. On September 1, 2014, the Defendant Company changed the term of guarantee to extend the payment period on August 26, 2016.
C. On August 27, 2016, Defendant Company lost the benefit of time due to the delinquency in payment of principal, and Defendant Company was unable to repay the said loan to the said bank, the Plaintiff performed its surety obligation by paying the principal and interest of 48,492,600 won due to the said loan to the said bank on October 18, 2016.