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1. Defendant A and B jointly and severally filed a claim against the Plaintiff for KRW 52,773,251 and KRW 52,08,541.
Reasons
1. Basic facts
A. 1) The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”).
(2) At the request of the Defendant Company, the Defendant Company entered into a credit guarantee agreement with the Defendant Company on each of the following credit guarantee dates, and the Defendant Company is Nonparty D (hereinafter “Nonindicted Bank”).
(2) Under the above credit guarantee agreement, Defendant B provided a credit guarantee for all obligations under the above credit guarantee agreement against the Plaintiff of the Defendant Company. Defendant B provided a joint and several surety for all obligations under the above credit guarantee agreement against the Plaintiff. The term of guarantee principal guaranteed on the date of credit guarantee: E 20,000,000 won guarantee rate: 100% on August 19, 2019: F 79,200,000 won on March 16, 2016: 90% on March 16, 2016; and 90% on March 15, 2019. According to the above credit guarantee agreement, the Defendant Company shall pay the Plaintiff the amount paid by the Plaintiff for the performance of the guaranteed obligation; (1) the amount paid by the Plaintiff for the performance of the guaranteed obligation; (2) the expenses paid by the Plaintiff for the performance of the guaranteed obligation; (3) the expenses paid by the Plaintiff for the performance, transfer and exercise of the right acquired by the Plaintiff; and (4) additional guarantee fees in arrears.
B. The Defendant Company lost the benefit of time due to delay in paying part of the principal under the agreement on March 31, 2018. On January 14, 2019, the Plaintiff subrogated for KRW 52,530,181 in total as indicated in the table below to Nonparty Bank on January 14, 2019. The Plaintiff collected a total of KRW 441,640 as indicated below, and the amount of subrogated is KRW 52,08,541 in total. The amount of the subrogated amount is KRW 52,08,541 in total. The amount of the subrogated amount is KRW 12,038,420 on January 14, 2019, KRW 90,890, KRW 11,947,530, F. 40, F. 491, 76130, 750, 4140, 2514, 2015.