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1. The plaintiff
A. Defendant B, as to KRW 298,844,570 and KRW 298,84,278 among them, shall be from April 17, 2018 to 208.
Reasons
1. Facts of recognition;
A. On November 30, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant Company B (hereinafter “Defendant Company”) to provide a guarantee period of KRW 100,000,000 for the principal and interest obligation of KRW 100,000,00 for corporate working loan to be borrowed from D Bank.
(hereinafter referred to as the “instant 1 Arrangement”). B.
On June 16, 2017, the Plaintiff entered into a credit guarantee agreement between the Defendant Company and the Defendant Company with a guarantee period of KRW 220,000,000 as to the obligation of principal and interest for corporate working loan of KRW 220,000,00, which the Defendant Company will obtain from the D Bank. From June 16, 2017 to June 15, 2018, the guarantee amount of which is KRW 198,00,000.
(hereinafter referred to as the “instant 2 Arrangement”). C.
In the conclusion of the instant 1, 2 agreement, the Defendant agreed to pay the creditor the credit guarantee liability due to the failure of the creditor to perform the loan obligation which is the principal obligation, ① the amount paid by the creditor for the performance of the obligation and the damages for delay in accordance with the rate of damages prescribed by the creditor (10%) from the date of performance to the date of full payment from the date of performance; ② the penalty in accordance with the rate calculated by adding the rate of the guarantee fee prescribed by the creditor from the date following the expiration of the payment period to the date immediately preceding the date of payment to the date of payment; ③ the creditor’s performance of the obligation to pay the liability to all incidental obligations, such as legal procedure costs, etc. spent by the creditor for the exercise or preservation of the right.
Defendant C, the representative director of the Defendant Company, signed and sealed the obligations under the instant two agreements as joint and several sureties.
E. The Plaintiff issued a letter of credit guarantee under the instant agreement 1 and 2, and the Defendant Company accordingly loaned KRW 100,000,000 from the D Bank with general corporate capital on November 30, 2016, and from D Bank on June 16, 2017.