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1. As to the Plaintiff, Defendant A and B jointly and severally KRW 520,931,072 and KRW 373,058,742 among them, Defendant A and B shall be jointly and severally liable for damages incurred to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a credit guarantee contract with Defendant A Co., Ltd. (hereinafter “Defendant A”) with the following contents, and issued a written credit guarantee.
The term of credit guarantee principal of the date of the credit guarantee contract of this case is at least KRW 95,00,000 (finally changed to KRW 72,000,000) from April 7, 2009 to April 6, 2010 (finally changed to April 1, 2016) (final change to KRW 351,00,000,000 (final change to KRW 296,40,000) on June 2, 2011 to June 1, 2012 (final change to KRW 296,40,000) (final change to KRW 30,000 (final change to May 27, 2016), the final change to KRW 10,00,000 from October 30, 200 to KRW 30,000 (final change to KRW 30,000,000) of this case’s credit guarantee contract of this case
B. At the time of each credit guarantee contract of this case, Defendant A, the representative director of Defendant A, was jointly and severally guaranteed the obligation to be borne by Defendant A under each credit guarantee contract of this case.
C. Defendant A borrowed KRW 100,000,000 from the Industrial Bank of Korea on April 7, 2009 in accordance with the instant credit guarantee contract. Under the instant credit guarantee contract, Defendant A borrowed KRW 390,000,000 from the Industrial Bank of Korea on June 3, 201 pursuant to the instant credit guarantee contract. Defendant A borrowed KRW 200,000,000 from the Bank on October 30, 209 in accordance with the instant credit guarantee contract.
After that, Defendant A forfeited the interest on the above loan due to the delayed payment of the interest, the Plaintiff subrogated for KRW 375,943,181 to the Bank on November 11, 2015 upon the Industrial Bank of Korea’s request for the performance of guaranteed liability, and KRW 147,654,402 to the Bank on November 18, 2015 upon the Bank’s request for the performance of guaranteed liability.
On the other hand, on November 11, 2015, the Plaintiff recovered KRW 2,884,439, out of the amount of subrogated payment, and appropriated it to the principal of the credit guarantee contract of this case 1 and 2.
E. At the time of each credit guarantee contract of this case