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1. Defendant A, B, and C jointly and severally with the Plaintiff as to KRW 182,229,698 and KRW 179,74,788 among them.
Reasons
1. Basic facts
A. 1) The Plaintiff entered into a credit guarantee agreement on March 27, 2009 (hereinafter “Defendant A”)
(1) As between the Corporation and the Bank of Korea (hereinafter referred to as the “Korea Bank”), the amount of guarantee limit (100,000,000,000,000 won, and the lending institution
(2) A credit guarantee agreement with a guarantee period up to February 28, 2013 and a credit guarantee agreement with a guarantee period up to KRW 200,000,000 (the change of guarantee amount to KRW 160,000,000 thereafter), the Industrial Bank of Korea and the Bank of Korea have concluded a credit guarantee agreement with a loan institution up to March 26, 2010 (the extension to March 22, 2013 thereafter) respectively (hereinafter referred to as “each credit guarantee agreement of this case”).
(2) At the time of concluding each credit guarantee agreement in this case, Defendant A agreed to pay to the Plaintiff the amount of performance of the guaranteed obligation when the Plaintiff performed the guaranteed obligation at the request of the Bank and the Industrial Bank of Korea. ① The amount of performance of the guaranteed obligation and damages for delay thereof (in December 1, 2012, the amount calculated by applying the rate of 1.8% per annum from the day after the expiration of the guarantee period until the day before the date of subrogated payment). ② Additional guarantee fee (in the event that Defendant A’s obligation is not performed within the guarantee period, the amount calculated by applying the rate of 1.8% per annum from the day after the expiration of the guarantee period until the day
At this time, the defendant B (the representative director of the defendant A) and C (the spouse of the defendant B) paid the deposit in accordance with each credit guarantee agreement of this case, and the defendant A guaranteed the obligation to be borne as above with the plaintiff.
B. The background of subrogation, etc. by Defendant A on March 29, 2013 and the same year
4. 22. As to the commencement of delinquency in the principal, etc. of loans to the Bank and the Industrial Bank of Korea, such interest shall be in advance on January 1, 2013 and the same year;
2. 23. From 23. Commencement of arrears
Each of the above banks notified the Plaintiff of the occurrence of a credit guarantee accident.
Accordingly, the plaintiff is up to June 18, 2013.