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1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 285,80,567 and KRW 285,800,372 among them.
Reasons
1. Basic facts
A. The Plaintiff issued a credit guarantee letter to Defendant A and issued a credit guarantee certificate to Defendant A (hereinafter “Defendant A”) upon the request of Defendant A Co., Ltd. (hereinafter “Defendant A”). On July 18, 2013, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant agreement”) with respect to the principal and interest of loan to be paid by Defendant A by receiving a loan from a financial institution and issued a credit guarantee certificate as follows.
H. (1) At first (1) On May 19, 2016, the guarantee number D (2) on May 19, 2016, the guarantee period of KRW 285,000,000 (5) on May 18, 2017, the loan amount of KRW 300,000 (7) on the loan-based general loan of the loan-based company (7) after 95% on the guarantee rate of KRW 300,00,000 on the loan-based loan of KRW 285,00.
(hereinafter referred to as the "loan of this case")
B. On January 19, 2017, Defendant A paid 286,513,312 won to Nonparty E in relation to the instant loan due to the occurrence of a credit guarantee accident and the suspension of business as of January 19, 2017.
C. The instant arrangement, such as the joint and several guarantee agreement attached to the instant agreement, is “development fund guarantee product,” and the Defendant B, the representative director of the Defendant A, promised to use the instant loan for the purpose of developing the method of manufacturing the high quality-quality preserving net, and the air conditioning system for that purpose, not to use the loan for other purposes, such as real estate investment and purchase of stocks, and made a transparent management performance agreement.
In addition, when violating a transparent management performance agreement, Defendant B agreed with Defendant A to assume joint and several liability for the obligation of Defendant A under the instant agreement jointly and severally with Defendant A (hereinafter the instant joint and several liability agreement).
Defendant A received the instant loan from E around May 20, 2016, and thereafter May 23, 2016, Defendant C paid KRW 49,000,000 to Defendant C, and Defendant on July 27, 2016 and July 31, 2017.