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1. The Plaintiff:
A. As to Defendant A Co., Ltd and Defendant B’s joint and several KRW 404,065,618 and KRW 403,520,393.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff is a corporation established under the Credit Guarantee Fund Act for the purpose of facilitating corporate financing by guaranteeing the debt of an enterprise which lacks security capability. 2) Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company that aims at the business of manufacturing telecommunications components, and Defendant B is the representative director of the Defendant Company.
Defendant C is an operator of “E” of a personal entrepreneur for the purpose of manufacturing and selling parts related to electronic communications, and Defendant D is an operator of “F” of a personal entrepreneur for mediating the sale of parts related to electronic communications.
B. On January 12, 2009, the Plaintiff entered into a credit guarantee agreement and a loan agreement for corporate purchase funds. The Plaintiff is the Defendant Company, and the Defendant Company is the Nonghyup Bank Co., Ltd. (hereinafter “Agricultural Bank”).
) On January 11, 2010, the term of guarantee was extended on January 11, 2010 (the term of guarantee thereafter was extended on January 19, 2015) with respect to KRW 475,000,000 equivalent to 95% of the estimated amount of loan 50,000,000 when obtaining a loan for corporate purchase.
3) The letter of credit guarantee that the guarantee liability is also borne (hereinafter referred to as “instant letter of credit guarantee”).
(2) The Defendant Company submitted the instant guarantee to the Nonghyup Bank on January 12, 2009 and entered into an enterprise purchase financing agreement (hereinafter “instant loan agreement”). The Defendant Company jointly and severally guaranteed the indemnity obligation owed by the Defendant Company to the Plaintiff.
C. Under the loan agreement of this case, the Defendant Company was authorized to grant a loan three times in total with respect to the purchase transaction between the Defendant Company and E (Defendant C) in accordance with the loan agreement of this case (hereinafter “instant loan 1”) and the F (Defendant D), as indicated in the following table. The Defendant Company was approved to obtain a loan six times in total with respect to the purchase transaction between the Defendant Company and E (Defendant C).
(hereinafter referred to as “instant second loan”). After the execution of each of the above loans, Defendant C and D shall be from the Nonghyup Bank as described in subparagraph (B) of the same Table.