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1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 192,92,923,964 and KRW 192,205,943 out of the above amount.
Reasons
The summary of the case is the case where the Plaintiff sought reimbursement of indemnity under a credit guarantee agreement against Defendant A (the entry of “stock company” from the time when the second indication of Defendant C Co., Ltd. was omitted), B, and C, and the case where the right to collateral security agreement between Defendant C and Defendant Sungdo L Co., Ltd is a fraudulent act.
Defendant A entered into a credit guarantee agreement and entered into a credit guarantee agreement with the Plaintiff on November 30, 2009 on the premise of the claim against Defendant Sungdokel and obtained a loan of KRW 100 million from a national bank upon entering into a credit guarantee agreement with the Plaintiff on November 29, 201 with the term of guarantee, and issued a credit guarantee agreement with the Plaintiff on November 29, 201, and received a loan of KRW 100 million from the national bank on May 27, 2011.
Defendant A’s representative director, Defendant B, and Defendant C had jointly and severally guaranteed the obligation of Defendant A to the Plaintiff under the said credit guarantee agreement.
Since then, the term of guarantee of the above credit guarantee agreement was extended on November 29, 2013, and ② May 23, 2014.
According to the above credit guarantee agreement, where a plaintiff has performed a credit guarantee obligation to a national bank, the principal debtor and the joint guarantor shall pay the amount of the performance of the guaranteed obligation and the interest rate determined by the plaintiff (12% per annum after December 1, 2012) from the date of repayment until the date of repayment.
On December 6, 2013, the National Bank notified Defendant A of the occurrence of a credit guarantee accident involving the extension of the term of guarantee.
Accordingly, on December 26, 2013, the Plaintiff subrogated to the National Bank for the principal and interest of KRW 192,205,943.
In addition, 128,210 won was generated as additional fees.