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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 46,468,594 and KRW 45,685,447 among them.
Reasons
1. Facts of recognition;
A. The Plaintiff, on November 11, 2013, is the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and the “Defendant Co., Ltd.”).
B) On November 10, 2014 (after this, until November 8, 2016), the coverage amount was KRW 45 million and the coverage period was extended on November 10, 2016.
ii)a credit guarantee agreement under the credit guarantee agreement (hereinafter referred to as “instant credit guarantee agreement”);
At the time, Defendant B entered into a credit guarantee agreement. At the time, the Defendant Company jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff pursuant to the said credit guarantee agreement. (2) The Defendant Company agreed to pay the amount of performance of the guaranteed obligation in this case, damages for delay in accordance with the interest rate determined by the Plaintiff from the date following the date of performance of the guaranteed obligation to the date of repayment of the guaranteed obligation, damages for delay in accordance with the indemnity rate determined by the Plaintiff from the date following the date of performance of the guaranteed obligation to the date of termination of the guaranteed obligation, penalty calculated by adding
3) The Defendant Company received a loan of KRW 45 million from the Korea Exchange Bank as collateral from the Plaintiff’s credit guarantee certificate issued by the Plaintiff, but did not pay interest on October 12, 2016 and lost the benefit of time. Accordingly, on March 17, 2017, the Plaintiff subrogated for KRW 45,685,447 to the Han Bank that merged the Korea Exchange Bank on March 17, 2017. Meanwhile, on the other hand, the rate of delay damages determined by the Defendant pursuant to the credit guarantee agreement of this case from December 1, 2012 to January 31, 2016, the rate of delay damages determined by the Defendant is 12% per annum and 10% per annum from February 1, 2016 to February 1, 2016. The penalty imposed by the Defendant Company under the credit guarantee agreement of this case is 284,050 won by subrogation, and 49,097 won by subrogation.
B. Defendant B’s contract to establish a right to lease on a deposit basis between Defendant B and Defendant C is below the real estate indicated in the attached Table, which is the only property for the reason of the contract to lease on a deposit basis on October 4, 2016, which was in excess of the obligation, to Defendant C on October 6, 2016.