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1. As to the Plaintiff, Defendant A, B, C, and D’s joint and several costs of KRW 867,575,492 and KRW 866,14,155 among them, respectively.
Reasons
Basic Facts
On June 20, 2013, the Plaintiff, including the conclusion of a credit guarantee agreement, entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”), and entered into a credit guarantee agreement with the content that guarantees the performance of the obligation to repay the loan (hereinafter “the credit guarantee agreement in this case”) by setting the guarantee principal of KRW 960,00,000 (1,200,000 that the Defendant Company would have obtained a loan from the Bank of Korea (hereinafter “Korea Bank”) from June 20, 2013 to June 19, 2018.
At the time of the credit guarantee agreement of this case, Defendant B, C, and D jointly and severally guaranteed all obligations such as indemnity liability to be borne by the Defendant Company against the Plaintiff pursuant to the credit guarantee agreement of this case.
In the instant credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, the Defendant Company and the joint guarantor B, C, and D determined that the amount of performance of the guaranteed obligation, the amount of performance of the guaranteed obligation to the Plaintiff, the amount of damages, penalty, the amount of damages paid by the Plaintiff on behalf of the Plaintiff, and the expenses incurred in the execution, exercise, and legal procedures thereof, calculated at the rate determined by the Plaintiff (12%) from the date of performance of the guaranteed obligation to the date of repayment of the guaranteed obligation (12% per annum from December 1, 2012) (Article 10 of the instant credit guarantee agreement). In the event that the Defendant Company is subject to the disposition of suspension of transaction from the clearing house, the Defendant Company and the joint guarantor, B, and D,
(1) On June 20, 2013, the Plaintiff issued a credit guarantee certificate under the instant credit guarantee agreement (hereinafter “instant credit guarantee certificate”) to Defendant Company on June 20, 2013.
On June 20, 2013, Defendant Company offered the letter of credit guarantee of this case from the Bank as security, and KRW 1,200,000.