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1. Defendant A, B, and C jointly and severally filed against the Plaintiff KRW 730,233,579 and KRW 729,082,036 among them.
Reasons
1. Basic facts
A. The Plaintiff entered into each credit guarantee agreement (hereinafter referred to as “each of the instant guarantee agreements”) with Defendant A Co., Ltd. (hereinafter referred to as “A”), as follows, and Defendant B and C guaranteed Defendant A’s obligation to the Plaintiff under each of the instant guarantee agreements:
① On April 22, 2008, the Plaintiff and Defendant A entered into a credit guarantee agreement with the principal of the credit guarantee (hereinafter “instant guarantee agreement”) from April 22, 2008 to April 21, 2009 with respect to obtaining a loan from the Industrial Bank of Korea, with the credit guarantee period of KRW 300,000,000, and the credit guarantee period from April 22, 2008 to April 21, 2009.
② On November 10, 2008, the Plaintiff and Defendant A entered into a credit guarantee agreement between November 10, 2008 and November 9, 2009 (hereinafter “instant second guarantee agreement”) with respect to obtaining a loan from the Industrial Bank of Korea, with the credit guarantee principal of KRW 425,00,000, and the credit guarantee period from November 10, 2008 to November 16, 201.
B. At the time of each of the instant guarantee agreements and joint and several surety therefor, the Plaintiff, Defendant A, B, and C, when the Plaintiff performed the guaranteed obligations, shall pay each of the damages for delay calculated by multiplying the amount of the guaranteed obligations performed by the said Defendants and the interest rate (12% per annum from December 1, 2012 to December 1, 2012) calculated by the Plaintiff (12%) as to the amount of the guaranteed obligations performed by the said Defendants, expenses incurred in executing and exercising the claims, and damages for delay. The penalty determined that the amount of the guaranteed obligation shall be subject to the rate of 0.5% (3% per annum of the relevant guarantee fee agreement of the first guarantee agreement of this case) added the rate of
C. On April 8, 2013, Defendant A transferred each of the claims listed in the separate sheet to Defendant Weather Industry Co., Ltd. (hereinafter “CB”) (hereinafter “instant assignment of claims”) (hereinafter “instant assignment of claims”), and on April 8, 2013.