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1. As to Defendant A, B, and C’s joint and several liability for KRW 145,919,49 and KRW 96,695,862 among them, Defendant A, and C’s joint and several liability for damages incurred to the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 31, 2006 of the Credit Guarantee Agreement and the Credit Guarantee Agreement, on October 31, 2006, - August 14, 2007, 208, 80,000 won of the guaranteed principal on August 16, 2016, 80,770,000 won, 80,000 won of the guaranteed principal of the Corporate Bank of Korea, Korean Corporate Guarantee Bank Co., Ltd., Ltd., and 80,770,000 won of the guaranteed principal on August 30, 207 (on August 16, 2016, 100, 80,000 won of the loan of general promotion fund for business operation under the Credit Guarantee Agreement and the amount extended to 1,17,000,000 won of the guaranteed principal on August 16, 2016 (30,000 won of the guaranteed principal, 1008).
2) When the Plaintiff paid the insurance money at the time of the aforementioned credit guarantee agreement, the Defendant Company, Defendant B, and C agreed to reimburse the Plaintiff’s insurance money, expenses, and delay damages at the interest rate determined by the Plaintiff. The rate of delay damages is 12% per annum from December 1, 2012. (B) The Plaintiff’s subrogation bank (hereinafter “Korea Bank”).
On July 17, 2013, the Company Bank notified the Plaintiff on July 26, 2013, that the Defendant Company failed to pay the loan in the actual state of business closure and caused a credit guarantee accident, and requested the performance of the guaranteed obligation.
Accordingly, on August 6, 2013, the Plaintiff returned KRW 117,830 on the same day to the Bank and appropriated it to the principal. On July 8, 2013, the Plaintiff recovered KRW 455,841,097 on July 18, 2013, and appropriated KRW 357,842,685 on August 19, 2013 for the principal.
On the other hand, the Plaintiff spent the total amount of KRW 4,305,464 as finalized damages, expenses, etc. in relation to the subrogation.
C. Defendant B’s property.