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1. Defendant A, B, and C are jointly and severally liable to the Plaintiff for KRW 723,190,209 and KRW 675,97,385 among them.
Reasons
1. Basic facts
A. On November 15, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) on April 16, 2009, whereby Defendant A entered into a credit guarantee agreement with the amount of KRW 478,125,00,00 as the credit guarantee principal, out of KRW 56,250,00,00 that was loaned from the Industrial Bank of Korea on April 16, 2009, and A entered into a credit guarantee agreement with the Industrial Bank of Korea on April 29, 2009 with the credit guarantee principal.
(hereinafter “each credit guarantee agreement of this case”). Defendant B and in-house directors, the representative director of Defendant A, were jointly and severally guaranteed the obligations of the Plaintiff based on each credit guarantee agreement of this case.
B. According to each credit guarantee agreement of this case, Defendant A, B, and C paid the Plaintiff damages (the interest rate set by the Plaintiff is 12% per annum) calculated by multiplying the amount of the performance of the guaranteed obligation and the rate set by the Plaintiff from the date of the performance of the guaranteed obligation to the date of repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer, and exercise of the right acquired by the performance of the guaranteed obligation, penalty, and expenses incurred in the execution, preservation, exercise, and legal procedure of the claim paid by the Plaintiff on behalf of the Plaintiff, and damages for delay calculated
C. A credit guarantee accident occurred to Defendant A on April 18, 2013 due to the registration of credit management information. On August 7, 2014, the Plaintiff subrogated to the Bank for KRW 811,364,451 in total, pursuant to each credit guarantee agreement of this case.
From around that time to January 10, 2017, the Plaintiff recovered KRW 135,367,066 from Defendant A, B, and C, and failed to recover KRW 31,285,484.
On the other hand, 108,040 won and 15,79,300 won and 15,79,300 won and 100 won are paid for the preservation of claims due to the plaintiff's subrogation