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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 183,189,027 and KRW 182,054,267 from May 31, 2013 to October 17, 2013.
Reasons
1. On May 12, 201, the Plaintiff indicated the claim and issued a credit guarantee agreement between the Defendant Company A (hereinafter “Defendant Company”) to guarantee the obligation to be borne by the Defendant Company from the Han Bank Co., Ltd. (hereinafter “I Bank”), with the maximum amount of credit guarantee (hereinafter “the instant credit guarantee agreement”) by setting the guarantee period as at May 11, 201 and the guarantee period as at May 12, 201 (hereinafter “the credit guarantee agreement”). On May 12, 2011, the Plaintiff issued to Han Bank a credit guarantee agreement with the guarantee principal of KRW 180,000,000,000, and the guarantee period as at May 11, 2012 (the credit guarantee period as at April 6, 2012 changed to May 10, 2013).
On May 12, 201, Defendant Company borrowed KRW 200,000,000 from Han Bank as collateral and received a loan from Han Bank on May 11, 2012.
On the other hand, Defendant B and Nonparty C guaranteed all obligations owed by the Defendant Company to the Plaintiff according to the credit guarantee agreement of this case.
On April 15, 2013, the Defendant Company lost the benefit of the term of the above loan. On May 31, 2013, the Plaintiff subrogated to the Han Bank for the principal amounting to KRW 182,054,267 (= Principal amounting to KRW 180,00,000,000).
The Plaintiff spent KRW 957,230 as the Defendant’s expenses for preserving the Defendant’s property for the sake of preserving the claim for reimbursement based on the credit guarantee. From May 11, 2013 to May 30, 2013, the following day after the payment period of the instant guarantee fee, the penalty for breach of contract for KRW 180,000,000, which was 177,530,000, which was 18/100,000 x 18/100 x 20/365,00) is the penalty for breach of contract for twenty (20) days from May 30, 2013.
Meanwhile, the interest rate determined by the Plaintiff pursuant to the instant credit guarantee agreement is 12% per annum from December 1, 2012.
The Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 183,189,027 (i.e., the subrogated principal of KRW 182,054,267, and the amount of KRW 177,530,000,000,000,000,000,000,000,000,000,000,000,000
2. Making a confession; and