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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 706,640,532 and KRW 703,650,443 among the Defendants, from June 19, 2014 to October 10, 2014.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a credit guarantee agreement as described in the following table with Defendant A Co., Ltd. (hereinafter “Defendant A”), and Defendant B jointly and severally guaranteed obligations under each of the above credit guarantee agreements with Defendant A on the same day. After that, Defendant A submitted a credit guarantee agreement issued by the Plaintiff and received funds from the Industrial Bank of Korea. After that, the period of the credit guarantee agreement set forth in No. 2 of the table below was extended until December 5, 2014, and the period of the credit guarantee agreement set forth in No. 3 of the table below was extended until April 18, 2014.
Therefore, Defendant B’s assertion that there is no joint and several liability under the premise that the term of guarantee has not been extended is rejected. The amount of guarantee guaranteed by the director number creditor is 2009-06-10,000,000,000 700,000,000 2017-06-09-12, 2009-12, and 2D Industrial Bank of Korea 2009-12-07, 2009-12,000,000-12-12-06, 2010-12-06, 2000-12-06, 2009-12-06 small and medium enterprise financing loans 3 E. Industrial Bank of Korea 2009-2400,000,000,0000,0000,000-20-2040-2040-29-204.
B. When the Plaintiff performed the guaranteed obligation at the time of each credit guarantee agreement, the Defendants agreed to pay the amount of performance of the guaranteed obligation, damages for delay in accordance with the interest rate determined by the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation, and expenses incurred in the legal procedures for the enforcement and preservation of penalty and claims. The rate of damages for delay on the amount of performance of the guaranteed obligation determined by the Plaintiff is 12
C. On April 30, 2014, the Plaintiff subrogated for KRW 705,367,316 to the Industrial Bank of Korea on June 19, 2014 due to a credit guarantee accident, and collected KRW 1,716,873 on the same day and appropriated the amount for the principal for the discharge of guaranteed liabilities, the amount of performance of guaranteed liabilities is KRW 703,650,443 =705,367,316-1.