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1. Defendant A Co., Ltd. and B jointly and severally against the Plaintiff KRW 301,437,941 and KRW 301,437,17 among them
Reasons
1. Facts of recognition;
A. On November 29, 2012, the Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) issued a credit guarantee agreement with Defendant Co., Ltd. as the principal of the credit guarantee (hereinafter “Defendant Co., Ltd.”) and the credit guarantee period from November 29, 2012 to November 28, 2013, deeming that the Plaintiff performed the guaranteed obligation after the expiration of the said credit guarantee period as follows: (a) the said credit guarantee period is presumed to have been extended thereafter; (b) the Plaintiff concluded a credit guarantee agreement with each type of credit guarantee (hereinafter “the instant credit guarantee agreement”); and (c) issued the credit guarantee agreement with Defendant Co., Ltd. as the principal on the same day.
Accordingly, the defendant company received a loan of KRW 350,000,000 from the Industrial Bank of Korea as security.
(hereinafter “instant loan”). (b)
At the time of the instant credit guarantee agreement, the Defendant Company agreed to pay the amount of the performance of the guaranteed obligation and the amount of damages calculated by multiplying it by the rate set by the Plaintiff from the date of the performance of the guaranteed obligation until the date of repayment. At the time, Defendant B, the representative director of the Defendant Company, was jointly and severally guaranteed the Defendant Company’s liability for reimbursement under
C. Upon the occurrence of a credit guarantee accident in which the Defendant Company delayed the payment of interest on the instant loans on May 1, 2014, the Plaintiff subrogated for KRW 303,761,357, including the principal and interest of the instant loans, etc. on September 18, 2014 upon the Industrial Bank of Korea’s request for the performance of guaranteed obligations. On the same day, the Plaintiff recovered KRW 2,324,180 from the Defendant Company.
The rate of damages determined by the Plaintiff is 12% per annum from December 1, 2012 to the date, and the amount of finalized damages incurred with respect to the amount recovered as stated in the foregoing paragraph (c) is 764 won (=2,324,180 won x 1/365 x 12%).
E. Meanwhile, on January 17, 2014, Defendant B is between Defendant C, the mother of which was in fact over obligations.