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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 98,966,426 and KRW 98,549,829 among them.
Reasons
1. Basic facts
A. On July 24, 2013, the Plaintiff concluded a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on July 24, 2013, setting the guarantee limit of KRW 100,000,000, and the guarantee period of KRW 23, 2014, and issued the same credit guarantee agreement.
Defendant B jointly and severally guaranteed the Defendant Company’s obligations under the above agreement.
B. The Defendant Company provided a credit guarantee certificate issued by the Plaintiff as security and received 100,000,000 of the new bank’s
C. Article 10 of the Credit Guarantee Agreement signed by the Plaintiff with the Defendant Company provides for the scope of repayment in the event that the Plaintiff fulfilled the guaranteed obligation as follows:
(1) Paragraph (1): When the plaintiff has fulfilled the guaranteed obligation, the principal and the joint guarantor shall pay the following amounts immediately:
1. Performance amount of surety obligations;
2. The rate determined by the Plaintiff from the date of performance to the date of repayment for the amount under subparagraph 1 and the amount calculated according to the calculation method.
3. Expenses incurred in performing guaranteed obligations;
4. Expenses incurred in the preservation, transfer and exercise of any right acquired through discharge of guaranteed liabilities;
5. Unpaid guarantee fees, overdue guarantee fees, additional guarantee fees, and performance guarantee fees;
6. Damages for delay calculated by multiplying the amount paid under subparagraphs 3 and 4 by the rate determined by the Plaintiff from the date of payment to the date of repayment.
1. Insurance premiums paid on behalf of a reporter pursuant to Article 8 (3);
(3) The rates prescribed in paragraphs 1 and 2 above shall be determined by the Financial Company in consideration of the interest rate on overdue loans of financial companies to the extent prescribed by the legislation.
On May 25, 2014, Defendant Company has the benefit of time due to its loan obligations to the new bank.