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1. Defendant A and Defendant B jointly and severally against the Plaintiff KRW 239,91,729 and KRW 239,820,104 among them.
Reasons
1. Basic facts
A. 1) The Plaintiff entered into a credit guarantee agreement and a joint and several sureties agreement. The Plaintiff is the Defendant Limited Company A (hereinafter “Defendant Company”).
(2) The credit guarantee agreement of this case (hereinafter referred to as “each of the credit guarantee agreements of this case”) shall be as follows:
(2) On April 26, 2016, Defendant B, as the representative director of the Defendant Company, jointly and severally guaranteed the liability for indemnity owed by the Defendant Company to the Plaintiff pursuant to the respective credit guarantee agreements in this case. The contents of each credit guarantee agreement in this case are as follows: (a) Defendant B, as the representative director of the Defendant Company, jointly and severally guaranteed the liability for indemnity to the Plaintiff pursuant to the respective credit guarantee agreements in this case; (b) Defendant B, on April 26, 2013, the date of execution of the final guarantee amount (the original debtor) and the date of execution of the obligation to the non-performance of the obligation; (c) Defendant B, on August 6, 2014, paid the amount of each credit guarantee agreement in subrogation and the rate determined by the Plaintiff (12%) by subrogation to the Plaintiff; and (d) payment of the expenses incurred in executing the claim for indemnity in accordance with the ratio determined by the Plaintiff until the date following the due date of performance of the obligation to the non-performance of the obligation.
B. The occurrence of a credit guarantee accident, the Plaintiff’s subrogation, and partial recovery 1) Defendant Company caused the credit guarantee accident that would lose the benefit of time due to the closure of business on August 6, 2015. (2) The Plaintiff subrogated to the following table in accordance with the respective credit guarantee agreements of this case. The damages for delay and penalty arising under the respective credit guarantee agreements of this case are as follows.
On September 18, 2015, D 1D 163,683,157 2 E 2 E on September 18, 2015, the Plaintiff recovered from the Defendant Company the amount of KRW 762,494 on September 18, 2015, and KRW 762,494 on October 17, 2015, and KRW 716,716 on December 20, 2015, respectively.