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1. As to KRW 154,731,820, as well as KRW 154,731,60, among the Plaintiff, Defendant A Co., Ltd. and Party B’s joint and several liability to the Plaintiff, January 12, 2018.
Reasons
Facts of recognition
On September 15, 2010, the Plaintiff entered into a credit guarantee agreement with the Defendant A Co., Ltd. and the Plaintiff’s joint and several surety (hereinafter “Defendant A”) with the Defendant A Co., Ltd. (hereinafter “Defendant A”) and issued a credit guarantee agreement with the Defendant A to pay the principal and interest of the loan within the limit of KRW 85 million (the principal of the credit guarantee was changed to KRW 80,750,000,000, September 10, 2015) within the credit guarantee period from September 15, 201 to September 14, 2011 (the extension of the guarantee period from September 29, 2017 to September 7, 2018).
On June 8, 2012, the Plaintiff entered into a credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) with Defendant A with the terms and conditions set forth in the credit guarantee principal of KRW 85 million (the principal of the credit guarantee was changed to KRW 80,750,00 on May 22, 2015, and changed to KRW 72 million on May 30, 2016) and the credit guarantee period from June 8, 2012 to June 7, 2013 (the period extended from June 2, 2017 to June 1, 2018), and issued a written credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”).
According to the above credit guarantee agreement, when the Plaintiff performs the guaranteed obligation in accordance with the above credit guarantee agreement, Defendant A agreed to pay to the Plaintiff the amount of the Plaintiff’s guaranteed obligation repayment, ② damages for delay multiplied by the rate of damages for delay as determined by the Plaintiff, and ③ the amount of the Plaintiff’s guaranteed obligation repayment to the Plaintiff at the rate of damages for delay determined by the Plaintiff from the date of the Plaintiff’s performance to the date of Defendant A’s repayment. The rate of damages for delay determined by the Plaintiff is 10% per annum since February
Defendant B shall enter into each credit guarantee agreement above.