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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 347,40,926 and KRW 341,568,226 from August 8, 2018 to January 2019.
Reasons
1. The Plaintiff, on April 22, 2005, entered into a credit guarantee agreement as set forth in the following table with Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”). The Defendant Co., Ltd. was granted a loan from Defendant Co., Ltd. (hereinafter “D Bank”) as security to a credit guarantee issued by the Plaintiff under the said credit guarantee agreement.
On April 22, 2005, the term "guarantee No. 1,096,500,000 initial guarantee on June 26, 2006, E on June 26, 2006, E on June 24, 2010, F on June 23, 2010, F on June 23, 2011, 300 renewed guarantee 329,200,000 on June 17, 2016, G G 329,200,00 renewed guarantee 4.20,000 renewed guarantee on June 28, 2017.
The main contents thereof are to provide a guarantee by issuing a credit guarantee to the financial institution of the Defendant Company. However, in the event that the Defendant Company defaulteds on the financial institution and thereby the Plaintiff fulfilled the guaranteed obligation, the Defendant Company intended to pay subrogated repayment to the Plaintiff by subrogation and delayed damages in accordance with the interest rate determined by the Plaintiff from the date of performance thereof until the date of full payment.
At the time of the above credit guarantee agreement, the defendant C jointly and severally guaranteed the defendant C's obligation to the plaintiff of the defendant company by signing and sealing it as a joint guarantor in the credit guarantee agreement.
Within the guarantee period set out in the Credit Guarantee Certificate No. 4 of the above Table (hereinafter referred to as the "Last Credit Guarantee Certificate"), Defendant Company had an accident of guaranteeing the overdue repayment of the Defendant Company to D Bank.
Accordingly, on August 8, 2018, the Plaintiff, a guarantor, subrogated to the D Bank KRW 341,568,226 (the principal amount, the guarantee limit of KRW 329,20,00,000, interest and delay damages incurred up to that time, 12,901,818 - the next reduction of KRW 533,592).