beta
Text
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 85,498,068 and KRW 85,497,986 among them, from April 15, 2015 to June 28, 2015.
Reasons
1. The following facts are recognized in accordance with the purport of Gap evidence Nos. 1 to 10 and the entire pleadings:
A. The Plaintiff is a special corporation established with the aim of establishing sound credit order and contributing to the balanced development of the national economy by guaranteeing the liabilities owed by enterprises which lack security capability under the Credit Guarantee Fund Act.
B. On August 31, 2011, Defendant A Co., Ltd. (hereinafter “Defendant Company”) concluded a credit guarantee agreement between the Plaintiff and the Plaintiff regarding the obligation to be borne with a loan granted by the Industrial Bank of Korea on the basis of a credit guarantee agreement, etc. (1) and a credit guarantee agreement between August 31, 201 and August 30, 201 (hereinafter “instant credit guarantee agreement”). On the same day, Defendant B concluded all obligations under the Defendant Company A’s credit guarantee agreement pursuant to the instant credit guarantee agreement.
(B) Under the first credit guarantee agreement of the instant case, the Defendant Company received a loan by submitting the following credit guarantee certificates issued by the Plaintiff to the Industrial Bank of Korea as security.
Guarantee Number: C Guarantee principal: 50,000,000 won guarantee period: from August 31, 201 to August 30, 2012: 50,000,000 won guarantee rate: 100% to August 28, 201, the guarantee period under the First Credit Guarantee Agreement was extended three times since August 28, 2015, and the guarantee rate was changed to 42,50,000 won at the third extension of the guaranteed principal, and 85%, respectively.
(2) On August 31, 2011, Defendant Company entered into a credit guarantee agreement, etc. (i.e., a credit guarantee agreement (i., the second credit guarantee agreement) between the Plaintiff and the Plaintiff regarding the obligation to be borne by having obtained a loan from the Industrial Bank of Korea, and entered into a credit guarantee agreement between the Plaintiff and the principal of the guarantee: 45,00,000 won, and the term of the guarantee (hereinafter “the second credit guarantee agreement”) between August 31, 201 to August 30, 201, and on the same day, Defendant B entered into the second credit guarantee agreement of the Defendant Company.