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1. Defendant A and B jointly and severally filed a claim against the Plaintiff for KRW 85,624,952 and KRW 85,279,958 among them.
Reasons
1. Basic facts
A. The Plaintiff’s claim for reimbursement 1) On March 22, 2016, the Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant A”).
B) As between Defendant A and the Bank, the credit guarantee agreement between Defendant A and the Bank (hereinafter referred to as the “credit guarantee agreement of this case”) by March 21, 2018 (hereinafter referred to as the “credit guarantee agreement of this case”) for the guarantee the guarantee amount of KRW 85,00,000,000 and the term of guarantee
(2) Defendant A borrowed KRW 100,000,00 from the Industrial Bank of Korea. At the time, Defendant A, a representative of Defendant A, jointly and severally guaranteed the obligation of indemnity to be borne by Defendant A in accordance with the credit guarantee agreement of this case. (2) When Defendant A entered into the credit guarantee agreement of this case, Defendant A agreed to reimburse the amount paid by the Plaintiff for the performance of the guaranteed obligation, and the amount paid by the Plaintiff at the rate determined by the Plaintiff from the date of performance to the date of full payment, as well as the amount paid by the Plaintiff for the performance of the guaranteed obligation.
3) On January 12, 2017, a small and medium enterprise bank notified the Plaintiff of the occurrence of a credit guarantee accident with the purport that “Defendant A lost its profit due to its de facto discontinuance of business and its renunciation of business.” Accordingly, the Plaintiff subrogated 85,338,638 won of the principal and interest of the loan to the Bank on February 28, 2017 in accordance with the instant credit guarantee agreement, and recovered 58,680 won thereafter, and collected 16 won of the final and conclusive damages. Meanwhile, the Plaintiff was not paid 34,978 won at the cost of preserving the claim for indemnity. The overdue interest rate set by the Plaintiff was 10% per annum from February 1, 2016 to October 24, 2016.
(2) As to the sales and purchase contract with Defendant C (hereinafter “instant sales and purchase contract”).
(b) have entered into an agreement.