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1. Defendant Incorporated Co., Ltd., Ltd. and B, jointly and severally, KRW 564,827,768 and KRW 402,604,311 among the Plaintiff.
Reasons
Basic Facts
On April 24, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant Incorporated Incorporated Co., Ltd. (hereinafter “Defendant Company”) with a credit guarantee agreement (hereinafter “credit guarantee agreement”) with a credit guarantee agreement with a maximum amount of KRW 600,00,000, the guaranteed amount of KRW 470,000, and the estimated amount of the loan amount of KRW 470,000 in order to secure the obligation to repay the principal and interest of loans. On December 7, 2012, the Plaintiff entered into a credit guarantee agreement with each of the above Defendant Company (hereinafter “the first credit guarantee agreement”) and issued each of the credit guarantee agreements with each of the above Defendant Company.
Defendant B guaranteed the Defendant Company’s obligation to the Plaintiff according to the instant credit guarantee agreement.
Under the first credit guarantee agreement, the Defendant Company borrowed 470,000,000 won from the Han Bank, and 200,000,000 won under the second credit guarantee agreement.
In the first credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation pursuant to the above credit guarantee agreement, the scope of the Defendant Company’s repayment to the Plaintiff is determined as follows:
(3) If the principal fails to discharge the principal obligation within the period of discharge of the principal obligation, he/she shall be paid the penalty calculated by multiplying the amount of the guaranteed obligation which has not been performed by the rate of 0.5% per annum, by the rate of 0.5% per annum.
Article 12 (Scope of Repayment) (1) When the plaintiff has performed the guaranteed obligation, the principal and the joint guarantor shall immediately repay the following amounts:
However, the joint and several guarantors under Article 2 (1) of the Special Act on the Protection of Guarantors shall be reimbursed within the maximum amount of the guaranteed debt separately stated.
1. Performance amount of surety obligations;
2. For the amount of subparagraph 1: