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1. As to KRW 1,460,596,345 and the Plaintiff’s 1,453,260,556 among them, both Company A and B shall jointly and severally apply to the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 21, 2014, the Plaintiff entered into each of the instant credit guarantee agreements and joint and several sureties 1) as of August 4, 2015, the change from the Defendant Company J (former Trade Name Co., Ltd. J) on November 21, 2015.
“Defendant Company,” regardless of whether it was before or after the change in the trade name.
(1)In obtaining a loan from the Industrial Bank of Korea, each credit guarantee agreement between the defendant company and the defendant company (hereinafter referred to as the "each credit guarantee agreement of this case") shall be as follows:
(3) The Plaintiff shall pay the Plaintiff the remainder of its guaranteed liability based on the agreement between the Plaintiff and the Plaintiff’s delayed performance of its guaranteed liability and delayed performance of its guaranteed liability as of November 21, 2014: (a) the Plaintiff shall pay the Plaintiff the remainder of its guaranteed liability as of November 21, 2015, the unpaid interest rate of KRW 490,000,000 on November 21, 2014; (b) the unpaid interest rate of KRW 510,500,000 as of November 21, 2015; and (c) the Plaintiff shall pay the Plaintiff the remainder of its guaranteed liability as of November 20, 2014, the unpaid interest rate of KRW 510,000,000 as of November 20, 2014; and (d) the Plaintiff shall pay the Plaintiff the remainder of its guaranteed liability as of November 20, 2015.
3) At the time of the conclusion of each credit guarantee agreement in this case, Defendant B jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff under the said credit guarantee agreement. B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) Defendant Company caused a guarantee accident for which each of the above loans is lost due to the suspension of current account transaction on November 2, 2015, and the Plaintiff under the respective credit guarantee agreement in this case.