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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 408,472,648 and KRW 405,175,170 among them.
Reasons
Facts of recognition
The plaintiff is a juristic person established by the Trade Insurance Act for the purpose of facilitating trade and overseas investment by operating the trade insurance system to guarantee risks arising in connection with foreign trade, such as trade, etc., and the defendant A (hereinafter referred to as the "defendant A") is a company established for textile export and import business, etc., and the defendant B is the representative director of the defendant company.
On April 4, 2019, the Plaintiff entered into a credit guarantee agreement between the Defendant Company and the Defendant Company, with respect to the principal and interest of loan to be borne by the D Bank (hereinafter “D Bank”) in connection with export transaction, with the credit guarantee limit of KRW 400,00,000, and with the guarantee period until April 18, 2020 (hereinafter “instant credit guarantee agreement”).
At the time, Defendant B guaranteed all obligations owed by the Defendant Company to the Plaintiff in accordance with the instant credit guarantee agreement.
The main contents of the credit guarantee agreement of this case are as follows.
(hereinafter referred to as the “Corporation,” Defendant Company, and Defendant B (hereinafter referred to as the “Surety”) Article 8 (Repayment of Guarantee Obligations, etc.) ① When the Corporation performs its guaranteed obligation, the principal and the guarantor will repay the following amounts to the Corporation in accordance with the method determined by the Corporation:
1. Amount of discharge of guaranteed liabilities (the principal and agreed interest of a credit guarantee side loan);
2. If the Corporation fails to repay the amount referred to in paragraph (1), it shall pay to the Corporation the amount plus the amount calculated by multiplying the date from the day following the due date determined by the Corporation by the overdue interest rate determined by the Corporation.
(3) A principal and a guarantor shall pay damages calculated by multiplying the following expenses paid by the Corporation on behalf of the Corporation by the overdue interest rate determined by the Corporation: