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1. As to Defendant A and B’s joint and several liability for KRW 306,521,435 and KRW 273,755,718 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff entered into a credit guarantee agreement with the Defendant A Co., Ltd. (formerly: C; hereinafter “Defendant A”).
(2) As indicated below, each credit guarantee agreement of this case (hereinafter referred to as “each credit guarantee agreement of this case”) shall be
(2) Defendant A and Defendant B jointly and severally guaranteed the obligation for indemnity that Defendant A owes to the Plaintiff under the respective credit guarantee agreements in this case. The contents of each of the credit guarantee agreements in this case are as follows: (a) the guaranteed party 1D 45,000,000 per annum on the date of concluding the guarantee ratio of guarantee; (b) the guaranteed party 1D 45,000,000 per annum 90% on March 19, 2004; (c) corporate bank 2 E 300,000,000% on March 18, 2005 (Extension until March 19, 2015) corporate bank 2 E 30,000,000,000% on April 27, 2012 (Extension until April 25, 2014); (d) the details of each of the credit guarantee agreements in this case are as follows: (e) the Plaintiff’s performance of the guaranteed obligation is paid to the Plaintiff;
B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) Defendant A provided each of the instant credit guarantee agreements, and received a loan of KRW 50 million from an enterprise bank, and caused a credit guarantee accident that loses the benefit of time on March 12, 2014. (2) The Plaintiff made a substitute payment as indicated below pursuant to each of the instant credit guarantee agreements and recovered part of the same day.
The amount of final and conclusive damages incurred by the Plaintiff against the money recovered from Defendant A is KRW 9,319 (=307,220 x 12% x 1/365 x 28,038,527 x 12% x 1/365 x 448,760 won (=30,000,000 x 2.1% x 2.1% x 26 days x 26 days 365 days from April 26, 2014). The unpaid balance out of the amount of claims preservation expenses incurred under each credit guarantee agreement is KRW 2,05,019.
On May 22, 2014, 301, 794, 245, 28, 038, 5273, 755, 718 2D 2, 2014.