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1. The Plaintiff:
A. Defendant A Co., Ltd and Defendant B shall jointly and severally substitute for KRW 427,365,922 and KRW 427,365,258.
Reasons
1. Facts of recognition;
A. The Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and the Defendant Co., Ltd. are as follows.
With respect to loans received from the National Bank of Korea (hereinafter “National Bank”), as described in paragraph (1), a credit guarantee agreement was concluded on April 2, 2014 (the last extension of the guarantee term on April 1, 2016) with the guarantee principal of KRW 195,50,00 (the guarantee rate of KRW 85%) (hereinafter “the first agreement”) around September 10, 2015 with respect to the credit guarantee agreement that was concluded between the National Bank of Korea (hereinafter “National Bank”). At the time of each credit guarantee agreement, the representative director of the Defendant Company, at each of the above credit guarantee agreements, entered into a credit guarantee agreement with the Plaintiff on September 30, 2015 with the guarantee principal of KRW 267,750,00 (the guarantee rate of KRW 85%) with the guarantee principal of KRW 85,00 (hereinafter “the guarantee agreement”). According to the legal procedures for reimbursement and delayed payment as prescribed by the Plaintiff’s respective credit guarantee agreement with each of the above Defendants.
B. Around April 5, 2013, the Defendant Company received a loan of KRW 230 million from the National Bank with respect to the first agreement. Around September 11, 2015, the Defendant Company received a loan of KRW 315 million with respect to the second agreement, and thereafter, the occurrence of the guarantee accident stipulated in each of the aforementioned credit guarantee agreements.
C. Accordingly, the Plaintiff repaid to the National Bank on November 13, 2015, KRW 177,73,217 with respect to the first agreement ( KRW 1,783,217 with respect to the loan principal until November 12, 2015), and KRW 270,379,597 with respect to the second agreement ( KRW 267,750,000 with respect to the loan principal until November 12, 2015), and KRW 448,112,814 with respect to the first agreement, collected KRW 1,349,750,000 with respect to the second agreement, and appropriated the loan principal for each of the above loans.