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1. As to the Plaintiff’s joint and several costs of KRW 271,662,43 and KRW 270,893,876 among them, Defendant A and B shall jointly and severally serve as the Plaintiff from September 30, 2014 to March 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a credit guarantee agreement with D Co., Ltd. (hereinafter “D”) as indicated below (hereinafter “each of the instant credit guarantee agreements”), and Defendant B and Defendant A, the representative director of D at the time of D, jointly and severally guaranteed all of the obligations owed by D under the respective credit guarantee agreements.
The amount guaranteed by the No. 1 E 165,600,000 joint and several sureties for the term of guarantee on the date of guarantee (original guarantee), shall be November 15, 201, 201; A208,000,000 corporate general loan; A208,00,000 on November 21, 201, 201; B; A;
B. According to each credit guarantee agreement of this case, where a credit guarantee accident occurred due to the failure of D to discharge the principal obligation, the Plaintiff shall discharge the guaranteed obligation. D and the joint guarantor shall immediately repay the Plaintiff’s amount of the performance of the guaranteed obligation and the amount of damages calculated by multiplying the Plaintiff’s amount of the performance of the guaranteed obligation by the rate set by the Plaintiff from the date of repayment of the guaranteed obligation until the date of repayment of the guaranteed obligation, such as the preservation, transfer and exercise of the right acquired by the Plaintiff (Article 10(1)), and the rate of damages determined by the Plaintiff is 12% per annum from December 1, 2012 to the date of repayment of the guaranteed obligation
C. As to the credit guarantee agreement No. 1 in the sequence No. 1 on November 13, 2013, the Plaintiff reduced the guaranteed amount to KRW 148,80,000, and changed the term of guarantee to the effect that it extends the term of guarantee to November 14, 2014.
D Pursuant to each credit guarantee agreement of this case, each of the loans of KRW 207,00,000 (hereinafter “the first loan”) from the National Bank of Korea (hereinafter “National Bank”) on November 18, 201, and KRW 260,000,000 on November 21, 2013 (hereinafter “the second loan”). After D’s closure of business as of September 19, 2014, D was declared bankrupt on September 30, 2014.
E. Accordingly, the Plaintiff on September 30, 2014.