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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 304,643,530 and KRW 302,768,230 among them.
Reasons
1. Basic facts
A. 1) The Plaintiff is Defendant A Co., Ltd. (hereinafter “Defendant A”).
() On January 9, 2017, in order for the Defendant to guarantee the performance of the obligation of a loan of KRW 300 million (30 million) borrowed from the Sungnam E-K branch of the Enterprise Bank on January 28, 2015, the Export Credit Guarantee Agreement (Guarantee Limits 300,000,000, and the Guarantee Period from January 27, 2015 to January 26, 2018; hereinafter “instant Credit Guarantee Agreement”).
(2) According to Article 8 of the Credit Guarantee Agreement, Defendant B concluded a credit guarantee agreement of this case and jointly and severally guaranteed the indemnity obligation of Defendant A with respect to the Plaintiff. (2) According to Article 8 of the Credit Guarantee Agreement, Defendant A shall pay to the Plaintiff reasonable expenses incurred in the preservation, performance, and exercise of the Plaintiff’s right as a result of the performance of the guaranteed obligation and the performance of the guaranteed obligation, and if delay is made, it shall be paid in addition to the above amount, and the damages for delay calculated by multiplying the number of days from the day following the due date determined by the Plaintiff by the overdue interest rate determined by the Plaintiff. The Plaintiff set the overdue interest rate for the small and medium enterprises in the domestic outline of compensation established on May 18, 2009 as 11%, and the applicable rate for overdue interest
3) On January 16, 2017, the Plaintiff issued an export credit guarantee certificate to an enterprise bank. As a security, an enterprise bank extended the payment period of KRW 300 million to Defendant A on April 17, 2017. (B) Defendant A entered into a loan transaction agreement with Defendant C Co., Ltd. (hereinafter “Defendant C”) on December 13, 2016, with an amount of KRW 450,000,000, annual interest rate of KRW 24,000, annual interest rate of KRW 26,000, annual interest rate of arrears rate of KRW 26, and the guarantor’s payment of KRW 450,00,000 from Defendant C on the following day.
(hereinafter referred to as “instant loan”). 2 Defendant A, on December 13, 2016, to secure the said loan obligation, is the Defendant C.