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1.For the plaintiff: (a)
Defendant Company A, C, and D shall jointly and severally cover KRW 1,455,479,387 and its 1,451,751,601.
Reasons
1. Facts of recognition;
A. On April 14, 2009, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) with the terms and conditions that the Defendant’s repayment of the Defendant’s debt to Korea Bank KRW 1,125,00,000 (which was reduced to KRW 1,062,50,000 thereafter) and that the term of guarantee was extended on April 15, 2010 (which was later extended until April 12, 2013), as a credit guarantee agreement (hereinafter “instant agreement”); (2) around April 8, 201, the Defendant’s repayment of the debt to the Defendant’s new bank was extended to KRW 340,00,000,000 and the term of guarantee was extended to KRW 1,125,00,000 (which was later extended to April 5, 2013; and (hereinafter “Defendant B”) as a credit guarantee agreement with each of the instant Defendants B and B (hereinafter “Defendant B”).
B. On May 26, 2010, the Plaintiff entered into a credit guarantee agreement with Defendant D with the content that the payment of the Defendant’s debt to the said Defendant’s bank is guaranteed on May 25, 2015 as the guaranteed amount of KRW 47,50,000 and the guaranteed period of KRW 47,50,000 (hereinafter “instant third agreement”). Defendant A and C jointly and severally guaranteed the Defendant’s liability for reimbursement to the Plaintiff pursuant to the instant third agreement.
C. Defendant A lost the benefit of April 8, 2013 due to his/her non-payment of the obligation for the loans under the instant agreement, and lost the benefit of time on April 24, 2013 due to his/her non-payment of the obligation for loans under the instant agreement. Defendant D forfeited the benefit of time on April 24, 2013 due to his/her non-payment of the obligation for loans under the instant agreement, and Defendant D lost the benefit of time on April 24, 2013 due to his/her non-payment of the obligation for loans under the instant agreement.
On May 20, 2013, the Plaintiff: (i) in accordance with the instant arrangement, KRW 1,078,148,150 to our bank; (ii) in accordance with the instant agreement, KRW 343,765,336 to the new bank; and (iii) in accordance with the instant agreement, the Plaintiff.