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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 421,195,492 and KRW 418,979,462 from November 4, 2014 to August 2015.
Reasons
1. Indication of claim;
A. The Plaintiff entered into each credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) and Defendant B (hereinafter collectively referred to as “instant credit guarantee agreement”). The Defendants jointly and severally guaranteed the obligation of the surety under each credit guarantee agreement as listed below, and the National Bank Co., Ltd. (hereinafter “National Bank”) received each credit guarantee certificate from the Plaintiff, and granted loans to the Defendants as indicated in the following column of “the content of loans”:
(hereinafter referred to as “instant loan”). The content of the guarantee of the 1 Arrangement 2nd guarantee agreement is as follows: (a) KRW 95,000,000 (95%) 180,000,000 (90% of guarantee ratio) 184,000,000 (80%) guarantee date of June 15, 2010 (80% of guarantee ratio) guarantee date of KRW 184,00,000 (80%) guarantee date of April 14, 2014; (b) the guarantee date of April 13, 2011 as of April 13, 2015; (c) B A loan content corporation, a national bank of the National Bank of Korea, a joint and several surety, B A, a national bank of the National Bank of Korea Co., Ltd., Ltd., Ltd., Ltd., A loan amount of KRW 100,000,000,000;
B. According to the credit guarantee agreement of this case, when the Plaintiff performs the guaranteed obligation under the credit guarantee agreement of this case, the Defendants shall pay to the Plaintiff the amount of the guaranteed obligation, the amount of damages and expenses incurred in the performance of the guaranteed obligation, other expenses incurred in the exercise or preservation of the Plaintiff’s rights, and penalty for breach of the principal obligation.
C. Since then, the Plaintiff and the Defendant Company changed the term of guarantee of the agreement dated June 15, 2010 to June 12, 2015, and the guaranteed amount to KRW 90,000,00 (the guaranteed rate of KRW 90%) respectively.
Meanwhile, the rate of damages for the amount of subrogation determined by the Plaintiff is 12% per annum from December 1, 2012 to the date.
The Defendants did not pay the interest on the instant loan interest and did not pay the interest on August 18, 2014.