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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 360,669,970 and KRW 360,669,213 among them.
Reasons
1. Facts of recognition;
A. On June 12, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the content that the payment of the corporate purchase loan to the Industrial Bank of Korea of the Defendant Co., Ltd. is set at KRW 425,00,000,000, and the guarantee term is set at June 11, 2004 (the latter amount is KRW 360,000,000, and the guarantee term is changed to May 31, 2013; hereinafter “the credit guarantee agreement of this case”). Defendant B, the representative director of the Defendant Co., Ltd, was jointly and severally liable for indemnity owed by the Defendant Co., Ltd to the Plaintiff pursuant to the credit guarantee agreement of this case.
B. When the Plaintiff performed the guaranteed obligation at the time of the instant credit guarantee agreement, the Defendant Company agreed to pay the amount of subrogation to the Plaintiff and damages for delay, penalty, expenses incurred in the payment, and expenses incurred in the enforcement or preservation of rights in accordance with the interest rate determined by the Plaintiff. The interest rate determined by the Plaintiff is 12% per annum from December 1, 2012 to the date.
C. The Defendant Company obtained a loan of KRW 500,00,000 from the Industrial Bank of Korea under the instant credit guarantee agreement. On March 15, 2013, the occurrence of a credit guarantee accident and loss of the benefit of time for the said loan obligations. Accordingly, on April 22, 2013, the Plaintiff subrogated the Industrial Bank of Korea for KRW 360,669,213, and the final damages incurred KRW 757.
On the other hand, on March 8, 2013, Defendant C, the spouse of Defendant B, paid KRW 550,000,000 to Defendant C (hereinafter “instant monetary payment”), and at the time, Defendant Company was in a state of debt exceeding KRW 5,186,535,00,00,00 in excess of active property.
[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings
2. According to the above facts of recognition as to the claim against the defendant company and B, the defendant company and the defendant B shall be jointly and severally liable for the damages of this case.