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1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 257,872,00,000 and KRW 256,539,662 as of November 29, 2018.
Reasons
1. Common factual relations;
A. (1) On November 30, 2017, the Plaintiff entered into a credit guarantee agreement with the Defendant Company as of November 29, 2018, with the guaranteed principal of KRW 2550 million and the guaranteed term. Defendant B, the representative director of the Defendant Company, and Defendant C, the inside director of the Defendant Company, jointly and severally guaranteed the obligation to be borne by the Defendant Company to the Plaintiff under the said credit guarantee agreement.
(2) The Plaintiff and the Defendant Company, when the Defendant Company violated the obligation to perform the principal and subordinate obligations in relation to the prior indemnity under the aforementioned credit guarantee agreement, agreed that the Plaintiff may demand a prior reimbursement without prior notice or demand when the Plaintiff received a claim for notification of a guarantee accident or performance of the guaranteed obligation from one of the creditors of the guarantee under the above credit guarantee agreement and other creditors of the guarantee under the guarantee agreement, and the Defendant Company and the joint guarantor agreed that the Defendant Company and the joint guarantor bear the obligation to pay the prior reimbursement without objection.
(3) In addition, in a credit guarantee agreement as to the scope of Defendant Company’s obligation to the Plaintiff, the Defendant Company agreed to pay both the amount paid by the Plaintiff on behalf of the Plaintiff, damages for delay in accordance with the ratio set by the Plaintiff from the date of payment on behalf of the Plaintiff, and legal procedure expenses incurred by the Plaintiff in order to execute or preserve the claim for indemnity. The ratio of damages for delay determined by the Plaintiff is 10% per annum after February 1, 2016.
B. On December 1, 2017, the Defendant Company on behalf of the Plaintiff due to the occurrence of a guarantee accident, obtained a loan by setting the amount of KRW 300 million from the Industrial Bank of Korea as the maturity date on November 29, 2018. As the Defendant Company did not pay interest on the said loan from October 2, 2018, the Industrial Bank of Korea is the Plaintiff.