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1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 632,387,190 and KRW 628,164,358 among them.
Reasons
1. Basic facts
A. On February 24, 2012, the Plaintiff and Defendant A entered into a credit guarantee agreement with a credit guarantee principal for KRW 180 million, and with a credit guarantee period from February 24, 2012 to February 22, 2013 (hereinafter “contract 1”), with a credit guarantee principal for KRW 360 million on April 17, 2013, with a credit guarantee period of KRW 360 million from April 17, 2013 to April 16, 2014 (hereinafter “Second Credit Guarantee Agreement”), and entered into a credit guarantee agreement with the Plaintiff on May 14, 2014 with a credit guarantee principal for the credit guarantee amount of KRW 80 million, and with a credit guarantee period of KRW 30 million from April 17, 2013 to April 16, 2014, with respect to each of the above credit guarantee agreements under which the Plaintiff paid the Plaintiff a penalty for delay as provided by the Defendant’s subrogation to the Plaintiff (hereinafter “each of the foregoing credit guarantee agreements”).
B. Defendant A, based on a credit guarantee letter issued pursuant to the above credit guarantee agreement, received respectively loans of KRW 200 million from the Industrial Bank of Korea Central Branch on February 24, 2012; KRW 400 million from April 17, 2013; and KRW 100 million from the Central Branch of Mapo-gu Bank on May 14, 2014.
C. On March 17, 2015, Defendant A lost the benefit of each of the above loans due to delinquency in payment of principal, etc., and on May 28, 2015, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 628,164,358 under the Credit Guarantee Agreement (i.e., KRW 182,249,260 pursuant to the Agreement, 364,753,696 KRW 364,753,696 pursuant to the Agreement, pursuant to Article 2.3.
The balance of the legal procedure cost incurred by the Plaintiff in relation to the instant credit guarantee agreement is KRW 2,388,552, and the penalty for breach of the first agreement is KRW 976,430, and the second agreement.