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1. As to Defendant A and B’s joint and several costs of KRW 152,85,687 and KRW 151,968,097 among the costs, Defendant A and B’s joint and several costs from December 26, 2013.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant A’s credit guarantee agreement 1) between the Plaintiff and the Defendant A on December 29, 2011, the Plaintiff is a single bank between Defendant A and Defendant A (hereinafter “Nonindicted Bank”).
(A) The term “the credit guarantee agreement of this case” refers to a credit guarantee agreement between 180,00,000 won and December 28, 2015 (hereinafter “instant credit guarantee agreement”) with respect to the principal and interest of a loan to be borne by the creditor (hereinafter “instant credit guarantee agreement”).
(2) On the same day, Defendant B issued a credit guarantee certificate to the non-party bank, and at the time, Defendant B guaranteed the Plaintiff’s obligation pursuant to the credit guarantee agreement of this case. (2) According to the credit guarantee agreement of this case, when the Plaintiff performed the guaranteed obligation, Defendant A is obliged to pay the Plaintiff the amount of the guaranteed obligation, damages for delay by 14% per annum from the date on which the guaranteed obligation was discharged to the date on which the guaranteed obligation was performed to the date on which the guaranteed obligation was repaid, and the expenses paid by
(B) According to the credit guarantee agreement of this case, Article 10(3) of the Credit Guarantee Agreement provides that the Plaintiff may exercise a prior right to indemnity against the amount of credit guarantee provided by the Plaintiff to Defendant A without any separate notice or peremptory notice (Article 5 of the Credit Guarantee Agreement). (B) Defendant A was granted a loan of KRW 200,000,000 from the bank of Nonparty on December 30, 201 as collateral, but did not pay interest. Nonparty A notified the Plaintiff of the insolvent credit guarantee on November 4, 2013.
2. On December 26, 2013, the Plaintiff made a credit guarantee agreement to the non-party bank.