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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 42,397,819 and KRW 41,738,677 among the Plaintiff.
Reasons
1. Basic facts
A. On December 31, 2008, the Plaintiff and Defendant A Co., Ltd. (1) and Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) concluded a credit guarantee agreement with the effect that the Plaintiff would provide a guarantee by setting the credit guarantee principal “47,50,000 won” and “from December 31, 2008 to December 30, 209,” with respect to the Defendant Co., Ltd.’s receiving a loan from the Bank of Korea. In this case, the Defendant Co., Ltd. jointly and severally guaranteed all of the Defendant Co., Ltd.’s obligations owed to the Plaintiff pursuant to the said credit guarantee agreement.
(2) On the same day pursuant to the above credit guarantee agreement, the Plaintiff issued to the Bank of Korea a credit guarantee certificate with D’s guarantee number, guaranteed amount “47,50,000,000 won,” “Defendant Company,” “Defendant Company,” and “50,000,000 won” under the term of guarantee. The Defendant Company received a loan by submitting it to the Bank of Korea.
(3) After that, the content of the credit guarantee agreement was changed to “40,800,000 won” and “the term of guarantee” December 27, 2013.
(4) According to the aforementioned credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, the Defendant Company and the DefendantB agreed to reimburse the Plaintiff for the amount of the guaranteed obligation performance, the amount of the guaranteed obligation performance, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, and the expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, and the rate of delay damages determined by the Plaintiff shall be 12
(5) According to the above credit guarantee agreement, if the Defendant Company fails to discharge the principal obligation within the period of performance of the principal obligation, the amount of penalty calculated by multiplying the amount guaranteed, among the guaranteed obligations, by the rate calculated by adding 0.5% per annum to the guarantee fee rate.
(6) However, the defendant company.