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1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 110,474,916 and KRW 100,221,218 among them.
Reasons
1. Claim against Defendant A and Defendant B
A. (1) On August 30, 2006, the Plaintiff concluded a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) to set the guarantee period as KRW 127,50,000 from the same date to August 29, 2007, and thereafter extended the guarantee period to August 26, 201. Defendant B guaranteed all the Defendant Company’s debt owed to the Plaintiff.
(2) In accordance with the above credit guarantee agreement, the Plaintiff issued an individual credit guarantee agreement in which the Defendant Company would be the representative director B of the Defendant Company, for the principal and interest of KRW 150,000,000 for a corporate general loan to be financed by the Defendant Company from a sub-branch of NFC., August 29, 2007; and the term of guarantee was extended.
(3) On January 12, 2011, when the Defendant Company’s above loan obligation was forfeited due to the delay of principal, the Plaintiff subrogated to NFFC for the amount of KRW 130,381,919 (i.e., principal amount of KRW 127,50,000, KRW 2,881,919).
(4) During the foregoing process, KRW 226,350 of the penalty for attempted penalty was incurred, and the Plaintiff collected KRW 504,167 on November 27, 2014, and appropriated the substitute payment after collecting KRW 504,167. From December 22, 2011 to February 27, 2015, the remainder of the amount of subrogation collected KRW 30,160,701 was KRW 100,221,218 (=the principal and interest on subrogation 130,381,919 – KRW 30,160,701). While collecting the said amount, the amount of the penalty for failed penalty was paid, the amount of finalized damages of KRW 10,027,348 was incurred.
(5) Meanwhile, when the Defendant Company concludes the above credit guarantee agreement, it pays a guarantee fee at a rate set by the Plaintiff in providing credit guarantee for each of the above loans. ② When the Plaintiff performs a guarantee obligation to the creditor of the Defendant Company that is the guarantor, or when it is required to perform a prior indemnity claim due to the occurrence of a credit guarantee claim pursuant to Article 6 of the Credit Guarantee Agreement, it shall pay the amount and money to be paid by the Plaintiff for the performance thereof.