1. Defendant A, B, and C jointly and severally filed against the Plaintiff KRW 143,176,531 and KRW 135,942,196 among them.

Basic Facts

On March 29, 2013, the Plaintiff entered into a credit guarantee agreement and a joint and several guarantee agreement, upon the request of the Defendant Company A (hereinafter “Defendant Company”) to provide credit guarantee (hereinafter “credit guarantee agreement”) with respect to the principal and interest of loan to be provided by the Defendant Company by obtaining a loan from the Bank of Korea Co., Ltd. (hereinafter “Korea Bank”), with the credit guarantee principal set at KRW 255,00,000, and the credit guarantee period from March 29, 2013 to March 28, 2014. The F, Defendant B, and C, a joint representative director of the Defendant Company, guaranteed the above principal and interest obligations against the Plaintiff.

According to Article 10 of the Credit Guarantee Agreement, Defendant Company, B, and C shall pay to the Plaintiff the amount of performance of the guaranteed obligation when the Plaintiff performed the guaranteed obligation, damages for delay in accordance with the interest rate set by the Plaintiff from the date of the performance of the guaranteed obligation to the date of full payment, and expenses incurred in preserving the rights acquired through the performance of the guaranteed obligation. The Plaintiff set the rate of damages for delay from December 1, 2012 to the date of full payment.

The occurrence of a credit guarantee accident and the Plaintiff’s subrogation company received 300,000,000 won from the Bank on March 29, 2013 under the Plaintiff’s credit guarantee. Since February 28, 2014, the Defendant lost the benefit of the principal and interest of the instant loan due to delinquency in paying interest on the said loan, and the credit guarantee accident occurred around April 8, 2014.

On July 28, 2014, the Plaintiff, on behalf of the Defendant Company, subrogated to the Bank KRW 254,973,790 as principal and interest KRW 5,924,065 as principal and interest KRW 260,897,843 as principal and interest.

Meanwhile, from July 10, 2014 to December 19, 2014, the Plaintiff recovered KRW 130,041,412 from the Defendant Company and F, the representative director of the Defendant Company, due to the amount of subrogation and other legal procedures, and the remainder of the amount of subrogation that remains after satisfaction of payment.