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1. The Defendants jointly and severally liable to the Plaintiff KRW 275,092,560 and the amount among them
(a) As regards KRW 272,880,140, July 1, 2015
Reasons
1. Indication of claim;
A. On September 23, 2014, the Plaintiff entered into an export credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with a limit of 270,000,000 won, and the Defendant Co., Ltd, issued an export credit guarantee agreement with a foreign exchange bank under the Export Protection Act, a guarantee number C (revolving the term of guarantee from October 14, 2013 to October 13, 2015, and an export credit guarantee agreement with the Defendant Co., Ltd. as the guarantor, and the Defendant Co., Ltd received a trade credit loan from the said bank as collateral.
At the time of the above credit guarantee agreement, Defendant B jointly and severally guaranteed all obligations, such as the amount of indemnity to be borne by the Defendant Company, the principal debtor.
B. On May 2015, Defendant Company, a client for the subrogation and the occurrence of indemnity claim, lost the benefit of the above loan by failing to repay the above loan due to overdue interest, etc. In accordance with the ombudsman’s notification of accident at the Korea Exchange Bank, the Plaintiff, on June 30, 2015, subrogated the above loan to Nonparty Korea Exchange Bank for the performance of the Plaintiff’s guaranteed liability by paying the amount of KRW 272,880,140, including principal and interest, on behalf of the Defendant Company.
C. The Defendant Company concluded a credit guarantee agreement with the Plaintiff and agreed to reimburse the amount of the guaranteed obligation, the amount of the guaranteed obligation, the amount of the guaranteed obligation, and the reasonable expenses incurred in the preservation, performance, and exercise of the rights acquired by the Plaintiff.
In order to preserve the claim before the payment is made by subrogation to the Defendant Company by the Plaintiff, the Seoul Central District Court Order 2015Kadan805092 on real estate owned by the Defendants, and the Jeonju District Court Order 2015Kadan100579 on September 1, 2005.