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Defendant A and B Co., Ltd. jointly and severally for KRW 88,874,370 and KRW 87,254,054, among themselves, shall be jointly and severally for the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 27, 2017, the Plaintiff entered into a credit guarantee agreement prescribed as of October 26, 2018 (hereinafter “credit guarantee agreement”) with Defendant A (hereinafter “Defendant A”) and issued a credit guarantee agreement to Defendant A.
The main contents of the instant credit guarantee agreement are as follows.
Article 5 (Pre-Indemnification) ① Where any of the following events occurs to a principal, the Foundation may demand a prior reimbursement without prior notice or demand. In such cases, the principal and joint guarantor shall bear the obligation for the prior reimbursement without objection:
1. Where he/she violates Article 4;
2. Where a ruling of seizure, provisional seizure, provisional disposition or request for auction has been made; and
3. Where a request for rehabilitation, bankruptcy, or individual rehabilitation procedure under the Debtor Rehabilitation and Bankruptcy Act is filed or entered into the liquidation;
4. When an application for personal credit recovery support to E or the procedure is in progress.
5. Where it is difficult to continue its business due to its closure, suspension of operations, etc.;
6. When the grounds for suspension of transactions occur by the bill exchange lawsuit;
7. Where the information on subrogation repayment (including substitute payment) of overdue information prescribed by the Credit Information Management Regulations of the F Federation, information related to information related to financial order, information disturbing financial order, and the grounds for registration of public record information have occurred;
8. Where a foundation receives a notification of accidents involving credit guarantee under a credit guarantee contract or a demand for the discharge of guaranteed liabilities from among creditors of credit guarantee under this agreement and other creditors of credit guarantee;
9. A corporate representative (including a real manager) and a co-manager (including a real manager) of an individual company due to the occurrence of reasons set forth in subparagraphs 2 through 4, 6, and 7 above.