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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 241,209,981 as well as KRW 241,209,460 as to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on March 26, 2015.
(2) On March 23, 2016, in order to guarantee the Defendant Company’s loan obligations, the guarantee term is changed to March 23, 2016 (the end of the change into March 22, 2019); the guarantee amount is changed to KRW 90,00,000 (E, and thereafter 80,000,000; hereinafter “instant First Agreement”).
and KRW 160,000,000 (F; hereinafter referred to as the “instant Second Arrangement”).
ii)each credit guarantee agreement (hereinafter collectively referred to as the "each credit guarantee agreement in this case") in the aggregate of the first and second arrangements;
(2) Under each of the credit guarantee agreements of this case, Defendant B, the representative director of Defendant Company, was jointly and severally liable for all obligations owed by the Defendant Company to the Plaintiff pursuant to each of the credit guarantee agreements of this case. (2) Under each of the credit guarantee agreements of this case, when the Plaintiff performed the guaranteed obligation, the Defendant Company and the joint and several sureties shall pay to the Plaintiff the incidental obligations, such as the amount subrogated by the Plaintiff to the Plaintiff, and the amount of damages according to the loss rate determined by the Plaintiff from the date of payment of the subrogated amount
B. The occurrence of a credit guarantee accident and subrogation 1) Defendant Company was granted a loan from the Industrial Bank of Korea under each credit guarantee agreement of this case, but the guarantee accident occurred due to the loss of profit on June 26, 2018. Upon the request of the Industrial Bank of Korea, the Plaintiff paid a total of KRW 80,00,000,000 with respect to the first agreement of this case, and KRW 80,689,80,000 with respect to the first agreement of this case, and KRW 160,00,000 with respect to the second agreement of this case, and KRW 161,368,38,380 with the total of KRW 161,368,380 with payment of KRW 161,00,000,000 with the total of KRW 162,058,180 with respect to the agreement of subrogation, the agreed loss ratio set by the Plaintiff’s board of directors was 10% per annum.