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1. As to Defendant A, B, and C’s joint and several liability for KRW 117,679,493 and KRW 80,546,246 among them, Defendant A, B, and C’s joint and several liability for damages incurred to the Plaintiff.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff entered into a credit guarantee agreement on March 9, 2009 (hereinafter “Defendant Company”)
) A credit guarantee agreement between March 9, 2009 and March 8, 2010 with a credit guarantee period of KRW 95,000,000, and a credit guarantee agreement between March 9, 2009 and March 8, 2010 (hereinafter “credit guarantee 1 of this case”).
The Plaintiff entered into a credit guarantee agreement. On March 9, 2009, the Plaintiff issued a credit guarantee certificate (guarantee No. 1) with respect to the Defendant Company, the guaranteed amount of KRW 90,000,000 (Guarantee Rate 95%), and the credit guarantee certificate (Guarantee Number E) with respect to the amount of KRW 100,000,000 which the Defendant Company would have obtained from the Industrial Bank of Korea as collateral (hereinafter “instant first loan”). On the same day, the Defendant Company received a loan of KRW 100,00,000 from the Industrial Bank of Korea as collateral (hereinafter “instant guarantee certificate”).
(2) Defendant B and C jointly and severally guaranteed all debts owed to the Plaintiff under the above credit guarantee agreement, and thereafter, at the request of the Defendant Company, the guarantee ratio of the above credit guarantee agreement was changed to 85% until March 6, 2015. (2) On June 23, 2009, the Plaintiff entered into a credit guarantee agreement with the Defendant Company for the credit guarantee period from June 23, 2009 to June 22, 2010 (hereinafter “the instant credit guarantee agreement”). Under the above credit guarantee agreement, on June 23, 2009, the Plaintiff obtained the Defendant Company’s guaranteed amount of KRW 45,00,000 from the Industrial Bank of Korea for the guaranteed amount of KRW 36,00,000 as guaranteed amount of KRW 80,00 as guaranteed (80,000,000 as guaranteed amount of KRW 45,00,000 from the Defendant Company’s Bank, as guaranteed amount of KRW 40,2010.
(hereinafter “instant second loan”). Defendant B, C, and Nonparty G jointly and severally guaranteed all obligations under the said credit guarantee agreement against the Plaintiff by the Defendant Company, and thereafter, until June 20, 2014, the term of guarantee of the said credit guarantee agreement.