beta
Text
1. As to Defendant A and B’s joint and several liability for KRW 656,654,449 and KRW 617,694,313 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) whose representative is Defendant B (hereinafter “Defendant Co., Ltd.”) shall guarantee each of the loans from the financial institutions of Defendant Co., Ltd. within the limit of the amount guaranteed. In the event that the Plaintiff subrogated the relevant loan, the Defendant Co., Ltd. entered into an agreement on the guarantee that the Plaintiff will pay the amount of subrogated repayment and the amount of delayed damages, additional guarantee fees, and all the expenses related to the Plaintiff’s performance of the pertinent guarantee obligation (hereinafter “each of the instant guarantee agreements”) at the rate of damages as determined by the Plaintiff from the date of full payment to the date of full payment. The details are as follows.
1) On October 21, 2010, a guarantee agreement was concluded with the guarantee period of KRW 190 million as of October 21, 201, and the guarantee period as of October 21, 201. Under the said guarantee agreement, the Defendant Company received a loan of KRW 200 million from the Industrial Bank of Korea on October 21, 201 (hereinafter “the instant primary loan”).
Since then, the term of guarantee under the above guarantee agreement was changed on October 12, 2018.
2) On October 21, 2010, an agreement was concluded on a guarantee with the maturity of KRW 2550 million as of October 21, 201, and the guarantee period as of October 21, 201. Under the said guarantee agreement, the Defendant Company received a loan of KRW 300 million from the Industrial Bank of Korea on October 21, 201 (hereinafter “the second loan”).
Since then, the term of guarantee under the above guarantee agreement was changed on October 12, 2018.
3) On April 21, 201, an agreement was concluded on a guarantee with the coverage period of KRW 360 million as of April 21, 201, and the guarantee period as of April 21, 2018. Under the said guarantee agreement, the Defendant Company obtained a loan of KRW 400 million from D Co., Ltd. (hereinafter “D”) on April 27, 201 (hereinafter “third loan”).
4) On June 16, 2017, a guarantee agreement was concluded with the coverage period of KRW 170 million, and the warranty period of KRW 150 million on June 15, 2018. In accordance with the said guarantee agreement, Defendant Company was subject to the said guarantee agreement.