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1. Defendant A, Defendant B, Defendant C, and Defendant D jointly and severally with the Plaintiff KRW 188,579,829 and among them 185,731.
Reasons
1. Facts of recognition;
A. The status of the party (1) The Plaintiff is a company established to facilitate the financing of the company by guaranteeing the company’s obligations with weak collateral but with good credit standing.
(2) Defendant A (hereinafter “Defendant A”) is a company mainly engaged in food, miscellaneous, wholesale and retail business of agricultural, fishery, and livestock products.
(3) Defendant B is the representative director, Defendant C, and D of the Defendant Company, the inside director of the Defendant Company, and Defendant H are the auditors of the Defendant Company.
B. On September 16, 2008, the Plaintiff entered into a credit guarantee agreement with the Defendant Company with the term of KRW 170,000,000, and the term of the guarantee (the extended term of the guarantee was changed to September 13, 2013) on September 15, 2009. On August 25, 2010, the Plaintiff entered into a credit guarantee agreement with the Defendant Company by setting the term of the guarantee as KRW 48,00,000, and the term of the guarantee was changed to August 24, 2011 (the extended term of the guarantee was changed to August 23, 2013). Defendant B, C, and D were jointly and severally guaranteed by the Defendant Company with the Plaintiff.
(2) The Defendant Company submitted each of the above credit guarantees issued by the Plaintiff and received loans from the Nonghyup Bank in KRW 200,000,000 and KRW 60,00,000 from the Han Bank.
C. The occurrence of a credit guarantee accident and the occurrence of a claim for reimbursement (1) occurred on October 31, 2013, and thus, the Defendant Company lost the benefit of the term of the loan agreement. The Plaintiff paid 137,542,910 won to the Nonghyup Bank in subrogation of the Defendant Company (i.e., the principal amount of KRW 136,00,000,000), and 48,188,404 won to the Han Bank (i.e., the principal amount of KRW 48,00,000,000 - KRW 492,755).
(2) The Plaintiff paid 2,319,435 won as a result of payment by subrogation to the Defendant Company’s credit guarantee agreement on September 16, 2008 (the rate of 2% per annum from September 14, 2013 to October 30, 2013) with respect to the credit guarantee agreement as of September 16, 2008 by the Defendant Company’s penalty, and with respect to the credit guarantee agreement as of August 25, 2010.