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1. As to the Plaintiff, Defendant A and B jointly and severally KRW 650,534,03 and KRW 377,308,607 among them, Defendant A and B shall be jointly and severally liable for damages incurred to the Plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”)
B) On September 15, 2015, the Defendant Company concluded a credit guarantee agreement on April 23, 2018 with respect to the principal and interest of loans that the Defendant Company borrowed from a D Bank; and ② on April 23, 2018, the Defendant Company entered into a credit guarantee agreement with respect to the principal and interest of loans that the Defendant Company borrowed from a D Bank (hereinafter “each
(2) At the time of each credit guarantee agreement of this case, the Plaintiff and the Defendant Company: (a) acknowledged the Plaintiff’s prior right to indemnity without prior notice or demand when the Defendant Company failed to discharge the principal and interest of the principal and interest of the principal and interest; and (b) agreed to pay the Plaintiff the damages (10% per annum), incidental expenses, additional guarantee fees, and penalty as determined by the Plaintiff in addition to the amount of subrogation when the Plaintiff performed the guaranteed obligation. Defendant B, as the representative director of the Defendant Company, jointly and severally guaranteed the Defendant Company’s liability for indemnity against the Plaintiff at the time of the conclusion of each credit guarantee agreement of this case. (b) The Defendant Company borrowed funds from D Bank and Enterprise Bank with the credit guarantee certificate issued by the Plaintiff; and (c) on February 2, 20
3) On April 24, 2019, the Plaintiff: (a) made a sales contract with D Bank on the Defendant Company’s loan obligation of the Defendant Company; (b) on May 2, 2019, the Plaintiff subrogated the Defendant Company’s loan obligation of KRW 272,11,881 on the Defendant Company’s loan obligation; and (c) on May 2, 2019, the amount of subrogated payment of KRW 980,395; and (b) on December 14, 2018, the amount of subrogated payment of KRW 13,150 is KRW 13,150.
2. The case.