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1. As to Defendant A and B’s joint and several liability for KRW 1,262,951,166 and KRW 362,395,946 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff entered into a credit guarantee agreement on May 14, 2013 (hereinafter “Defendant Company”).
between the defendant corporation and the Korean Bank, Inc. (hereinafter referred to as "Korea Bank").
(i) a credit guarantee agreement to guarantee a loan obligation (hereinafter referred to as “credit guarantee agreement”).
(B) The credit guarantee terms and conditions were modified on May 12, 2017 by the credit guarantee number D, 400,000,000, and the credit guarantee term of May 13, 2014 (the guarantee amount of 360,00,000,000, and the guarantee term of 360,000,000).
(2) On May 12, 2016, the Defendant Company issued the said letter of credit guarantee and received a loan from our bank. In addition, the Plaintiff entered into a credit guarantee agreement between the Defendant Company and the Defendant Company to guarantee the payment obligation owed by the Defendant Company in accordance with the basic transaction agreement entered into with the Dong Treatment Electronic Co., Ltd. (hereinafter “Dong Treatment Electronic Co., Ltd.”), and issued a credit guarantee agreement as of November 14, 2016, with the guarantee number E, guaranteed amount of KRW 900,00,000, and the guarantee period of KRW 14, 2016. The Defendant Company submitted the said letter of credit guarantee and received goods from the Dong Treatment Electronic Co., Ltd.
3) Meanwhile, Defendant B jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff due to the 1 and 2 credit guarantee agreement. (b) On December 27, 2016, the Defendant Company’s subrogation 1) caused a credit guarantee accident by delinquency in the payment of loans on December 27, 2016. On February 8, 2017, the Plaintiff paid 90,000,000 won to the Eastbu Electronic Products on the same day on February 9, 2017.
2) At the time of the conclusion of the first and second credit guarantee agreement, the Defendant Company shall pay the Plaintiff the amount subrogated by the Plaintiff when the Plaintiff performs the guaranteed obligation, and the rate determined by the Plaintiff from the date of subrogation to the date of full payment (10% per annum).