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1. As to KRW 1,802,806,789 among the Plaintiff and KRW 888,749,733 among the Plaintiff, Defendant A shall be from October 20, 2016 to 450,793.
Reasons
1. Basic facts
A. On May 27, 201, the Plaintiff entered into a credit guarantee agreement with E Co., Ltd. (hereinafter “E”), which provides credit guarantee principal of KRW 493 million out of the amount of KRW 580 million loaned by the Industrial Bank of Korea (hereinafter “the instant primary credit guarantee agreement”), and on January 2, 2015, E entered into a credit guarantee agreement with a new bank (hereinafter “new bank”), which provides credit guarantee principal of KRW 450 million out of the amount of KRW 50 million loaned by the new bank (hereinafter “new bank”), and ③ on April 18, 2016, E entered into a credit guarantee agreement with Korea Co., Ltd. (hereinafter “the instant secondary credit guarantee agreement”); and ③ on April 18, 2016, which provides credit guarantee principal of KRW 1050,000,000,0000,000,0000,000 from the Korean bank (hereinafter “Korea bank”).
(hereinafter referred to as the “third credit guarantee agreement of this case”). Defendant A as an internal director of E, jointly and severally guaranteed the debt of E under each credit guarantee agreement of this case.
B. Meanwhile, in the event that the Plaintiff performed a guaranteed obligation based on a credit guarantee agreement, E agreed to pay the principal and interest on the payment and damages for delay at the interest rate determined by the Plaintiff within the scope of 25% per annum. The Plaintiff’s rate of damages as from February 1, 2016 is 10% per annum.
C. On September 26, 2016, E filed an application for rehabilitation with the Suwon District Court No. 2016 Ma1042, and the new bank notified the Plaintiff of a credit guarantee accident on October 4, 2016.
On October 20, 2016, the Plaintiff recovered KRW 9,242,870 on the same day after paying the principal and interest of KRW 897,92,603 to Korea Bank in accordance with the instant credit guarantee agreement. On October 21, 2016, the Plaintiff paid the principal and interest of KRW 452,76,530 to the New Bank on October 21, 2016 in accordance with the instant secondary credit guarantee agreement, and collected KRW 1,972,60 on the same day, and on October 24, 2016, collected KRW 465,306,174 on the same day after paying the principal and interest of KRW 2,046,680 on the same day.