The Defendants jointly and severally against the Plaintiff KRW 12,642,108,981 and KRW 12,500,000 among them, from November 27, 2015.

Facts of recognition

On February 27, 2014, Defendant A Co., Ltd. (hereinafter “Defendant A”) borrowed KRW 12,500,000 from D Co., Ltd. (hereinafter “Nonindicted Company”) and entered into a loan agreement (hereinafter “instant loan agreement”) with the content that loans shall be KRW 5.3% per annum, the rate of delay damages, 10% per annum, and the due date for payment as of March 31, 2020. On the same day, the Plaintiff entered into a loan agreement with Defendant Co., Ltd. and Nonparty Co., Ltd. (hereinafter “instant loan agreement”). The key contents of the instant loan agreement and the fund supplement agreement are as follows.

On the other hand, the defendant B and C, a joint representative director of the defendant company, jointly and severally guaranteed the debt under the loan agreement of this case to the non-party company.

In the event that the balance of the receipt and management account of the non-party company is not sufficient to repay the principal and interest of electronic short-term bonds and/or commercial paper for any reason, the defendant company (the borrower) shall make the plaintiff enter into an agreement to supplement funds with the purport that the plaintiff would provide the non-party company with funds by means of lending funds, and shall have the plaintiff perform all necessary procedures and other obligations as provided for in the agreement to supplement funds.

Article 28 (Grounds for Non-performance of Obligations) (1) The following grounds under this Agreement shall constitute grounds for non-performance of obligations:

9. In the event that any contingent or contingent loss is confirmed or occurs that may have a significant negative impact on the management and financial status of the defendant company or the plaintiff, the plaintiff has deposited the shortage in the collection management account of the non-party company in accordance with Article 2(5) of the Fund Supplementary Agreement.