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1. As to KRW 100,475,087 and KRW 99,375,738 of the Plaintiff’s joint and several shares and KRW 19,375,738, Dec. 28, 2018.
Reasons
1. Basic facts
A. The Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) concluded a credit guarantee agreement between the Plaintiff and Defendant Co., Ltd.
(2) On April 29, 2015, the Plaintiff concluded a credit guarantee agreement with each of the following credit guarantee agreements with Defendant Company E (hereinafter referred to as “Nonindicted Bank”) as follows. On April 29, 2015, Defendant B jointly and severally guaranteed each of its claims for reimbursement against the Plaintiff. On April 28, 2015, the guaranteed amount for credit guarantee of No. 1 of the guaranteed amount under a type of credit guarantee agreement, which is the date of a separate guarantee agreement, was issued as the guaranteed amount, KRW 261,00,000,000 in total, KRW 341,00,000,000 in April 23, 2019 (hereinafter referred to as “credit guarantee agreement”) the Plaintiff issued the guaranteed amount to Nonparty E (hereinafter referred to as “Nonindicted Bank”) with the guaranteed amount of KRW 260,100,000,000 in accordance with the credit guarantee agreement.
3) Around the time of issuance of the Plaintiff’s letter of credit guarantee Nos. 1 and 2, the Defendant Company submitted the instant letter of credit guarantee Nos. 1 and 2 to the Non-Party Bank, and received each general loan amounting to KRW 290 million and KRW 100 million from the Non-Party Bank. (B) The Defendant Company issued a credit guarantee accident on October 8, 2018 when the Defendant Company delayed payment of interest on each of the above loans, and the Plaintiff subrogated for the Non-Party Bank on December 28, 2018.
2. Meanwhile, the Plaintiff, the Defendant, and the Defendant B determined to pay damages calculated by multiplying the amount of the Plaintiff’s performance of the guaranteed obligation by the rate set by the Plaintiff from the date of the performance of the guaranteed obligation to the date of repayment. The rate of delay damage resulting therefrom is the rate for delay.