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1. The Plaintiff:
A. Defendant A, B, and E are jointly and severally and severally 645,983,363 won and 645,580,595 won among them.
Reasons
1. The Plaintiff, at the request of Defendant A Co., Ltd., provided a credit guarantee to obtain a bank loan as follows, and issued a credit guarantee certificate.
At the time, Defendant B guaranteed each guarantee, and Defendant C guaranteed all the obligations owed to the Plaintiff with respect to the first guarantee.
F G G Co., Ltd. was granted a loan using the credit guarantee certificate issued by the Plaintiff, but did not fully repay it. The Plaintiff paid 394,577,424 won to the Industrial Bank of Korea (Guarantee 1) on October 11, 2013, and 254,983,000 won by subrogation to the Bank (Guarantee 2) and the Bank (Guarantee 2) on behalf of 394,983,00 won on behalf of 645,580,595 won (Guarantee 1, 597, 595, KRW 254,983,00) on behalf of 645,59,595 (Guarantee 1, KRW 390,595, KRW 254,983,00) on behalf of 1,308, 401,460.
Defendant D Co., Ltd. is a company that divided and merged Defendant A after payment by subrogation.
[Reasons for Recognition] Evidence A Nos. 1 through 5
2. According to the above facts of recognition, the defendants are jointly and severally liable to pay the plaintiff's subrogated payment, etc.
I would like to say.
As to this, Defendant B asserted that the claim in this case is unfair because the bankruptcy proceeding is in progress. However, even according to the above Defendant’s argument, only the application for adjudication of bankruptcy is deemed to exist, and the lawsuit seeking the declaration of bankruptcy is not prohibited as a matter of course on the ground that Defendant B only applied for the adjudication of bankruptcy, and thus, the above defense is without merit.
Ultimately, Defendant A, B, and E are jointly and severally and severally liable to the Plaintiff for KRW 645,983,363 (amounting to KRW 645,580,595 (amounting to KRW 1,308 (amounting to KRW 645,580,595) and KRW 645,580,595 (amounting to KRW 401,460) of the amount of subrogated payment; Defendant C is jointly and severally liable to guarantee KRW 391,58,363 of the said amount (amounting to KRW 390,597,595 of the amount of subrogated payment) and the first guarantee thereof.