beta
Text
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 299,200,379 and KRW 299,19,834 among the Defendants.
Reasons
1. Basic facts
A. A. Around September 28, 2012, the Plaintiff was a corporation established to guarantee a debt to a financial institution with weak collateral capacity and facilitate its financing. Around September 28, 2012, the Plaintiff concluded a credit guarantee agreement with Defendant A’s limited liability company (hereinafter “Defendant A”), whereby the Plaintiff would provide a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) to provide a credit guarantee for the obligation to be loaned from the Military Branch of Hana Bank Co., Ltd. (hereinafter “Nonindicted Bank”) to the Defendant A’s Gun branch of Hana Bank (hereinafter “Nonindicted Bank”) from September 28, 2012 to September 27, 2013.
B. According to the credit guarantee contract of this case, in the event that Defendant A failed to repay the above loan to the non-party bank on behalf of the Plaintiff on behalf of the Plaintiff, the Defendant A is obligated to pay the amount of subrogation to the Plaintiff, damages for delay pursuant to the interest rate determined by the Plaintiff from the date of subrogation to the date of full repayment, and the Plaintiff paid expenses for the preservation of the above credit, and the Defendant Limited Company B, Defendant C, Defendant D, and Defendant E jointly and severally guaranteed the liability for indemnity against the Plaintiff under the credit guarantee contract of this case.
C. The instant credit guarantee contract was extended until September 25, 2015, and the joint and several guarantee of Defendant limited liability companies B, Defendant C, Defendant D, and Defendant E were maintained.
Defendant A obtained a loan of KRW 300,00,000 from a non-party bank around September 28, 2012 due to a guarantee under the credit guarantee agreement issued by the Plaintiff pursuant to the instant credit guarantee agreement, and around February 25, 2015, Defendant A lost the benefit of the loan due to a default on payment.
E. On April 13, 2015, the Plaintiff subrogated to a non-party bank for KRW 300,313,713 of the principal and interest of loans under the instant credit guarantee agreement.
At the above time, the amount recovered by the Plaintiff from the Defendants is 1,113.