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1. Defendant A Co., Ltd, B, C, and D are jointly and severally liable to the Plaintiff for KRW 195,023,929 and KRW 193,737,268 among them.
Reasons
1. Basic facts
A. On November 23, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”), whereby Defendant A received a loan from the Bank of Korea Co., Ltd. (hereinafter “Korea Bank”), with the credit guarantee principal at KRW 333 million and delay damages at KRW 14 percent per annum (hereinafter “instant credit guarantee agreement”).
At the time, Defendant B, C, and D, a director of Defendant A, jointly and severally guaranteed the obligation of Defendant A to the Plaintiff according to the instant credit guarantee agreement (hereinafter “instant joint and several guarantee agreement”).
B. Paragraph (3) of the credit guarantee agreement issued by the Plaintiff to Defendant A at the time provides that “A’s workplace shall conduct an appraisal immediately after the installation of the facility of this case 2,600m x 2,400m x 8C/B (hereinafter “the facility of this case”) and obtain the security for transfer by means of a fixed date, and then treat the loan within the appraisal value and terminate the amount at least 40% of the guaranteed amount.”
C. On November 2012, our bank made an appraisal of the market price of the instant facilities and obtained the appraisal result that the market price is KRW 380 million. On December 3, 2012, 2012, it entered into a credit transaction agreement with Defendant A with the said credit guarantee certificate and the instant facilities as collateral, and extended a loan of KRW 370 million to the said Defendant on the same day (hereinafter “the instant loan”).
The Korean bank acquired the security for transfer on the instant facilities, and terminated 40% of the credit guarantee amount in accordance with the above special agreement, thereby reducing the Plaintiff’s security amount to KRW 19,98 million (=30,000 won of security amount + 1-40/100).
E. On August 22, 2013, Defendant A did not pay interest on the instant loan to the Bank after the last payment, and accordingly, Defendant A lost the benefit of December 9, 2013 due to the commencement of arrears from September 17, 2013.
(f) this;