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1. Defendant A, Defendant B, Defendant C, and Defendant D are jointly and severally liable to the Plaintiff on 463,034.
Reasons
1. Basic facts
A. 1) The Plaintiff is only Defendant A Co., Ltd. (hereinafter “Defendant A”) on November 28, 2012, when the Plaintiff entered into a credit guarantee agreement and joint and several sureties agreement.
As between the credit guarantee principal and the credit guarantee agreement between November 28, 2012 and November 27, 2017 (hereinafter “instant credit guarantee agreement”).
At the time, Defendant A agreed to reimburse the Plaintiff for the amount of the guaranteed obligation and the agreed damages for delay from the date of the performance of the guaranteed obligation to the date of the repayment of the guaranteed obligation, and the expenses incurred in the preservation and exercise of the rights acquired by the Plaintiff as a result of the performance of the guaranteed obligation. 2) Meanwhile, Defendant B, Defendant C, and Defendant D jointly and severally guaranteed the Plaintiff’s obligation pursuant to the credit guarantee agreement of this case on November 28, 2012.
B. On November 28, 2012, the Plaintiff issued a credit guarantee certificate to the North Korean bank as of November 27, 2017 pursuant to the credit guarantee agreement of this case, and the credit guarantee certificate was issued to the North Korean bank as of November 27, 2017. On the same day, Defendant A borrowed KRW 570 million from the North Korean bank in accordance with the said credit guarantee certificate.
C. (1) On June 5, 2013, the occurrence of a credit guarantee accident and the Plaintiff’s subrogation, etc., caused a credit guarantee accident dealt with by Defendant A, and on August 23, 2013, the Plaintiff subrogated to the former North Bank of North Korea for KRW 458,906,281 (i.e., principal interest of KRW 456,00,000,000) out of the Defendant’s repayment obligation under the credit guarantee agreement of this case (i.e., principal interest of KRW 2,906,281). Meanwhile, under the credit guarantee agreement of this case, the legal procedure expenses that the Plaintiff paid to Defendant A in order to compensate for the amount of indemnity owed to Defendant A by the closing date of pleadings of this case are 4,127,980 won, and damages for delay under the credit guarantee agreement of this case are 4,127,980 won.