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1. As to Defendant A and B’s joint and several liability for KRW 370,638,530 and KRW 270,891,844 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff.
Reasons
1. Basic facts
A. (1) The Plaintiff is a Defendant A Co., Ltd. (hereinafter “Defendant Company”) around December 19, 2014, following the conclusion of a credit guarantee agreement and the occurrence of a guarantee accident.
(E) E Co., Ltd. (hereinafter “E”);
(A) The credit guarantee agreement established between December 19, 2014 and December 18, 2015 (hereinafter “instant first guarantee agreement”) with a view to guaranteeing a credit guarantee principal of KRW 100 million and the credit guarantee period (hereinafter “instant first guarantee agreement”).
(2) Around October 8, 2015, the Plaintiff concluded a credit guarantee agreement with the principal of the credit guarantee and the credit guarantee period from October 8, 2015 to October 7, 2016 (hereinafter “instant credit guarantee agreement”).
3) At the time of the instant guarantee agreement, Defendant B, the representative of the Defendant Company, jointly and severally guaranteed the liability for indemnity owed by the Defendant Company to the Plaintiff pursuant to the instant guarantee agreement. 4) At the time of the instant guarantee agreement, the Defendant Company, B, and (1) at any bank related to credit guarantee side loan, the Plaintiff may exercise the right to indemnity in advance against the occurrence of a credit guarantee accident or a claim for the performance of a guaranteed obligation even from any bank.
5. The Defendant Company, based on the letter of guarantee under the Guarantee Agreement Nos. 1 and 2, received funds from E and Industrial Bank of Korea, and thereafter, extended the guarantee period for the First and Second Guarantee Agreement between the Plaintiff and the Plaintiff, the Defendant Company did not perform its obligation to pay interest from August 14, 2018. The Industrial Bank of Korea notified the Plaintiff of the occurrence of the credit guarantee accident on September 20, 2018.
Accordingly, the Plaintiff’s total amount of loans to E on April 11, 2019.