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1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 379,44,54, and KRW 378,830,061 among the Plaintiff, as to April 5, 2017.
Reasons
1. Basic facts
A. Conclusion of a credit guarantee agreement and subrogation 1) Defendant A Co., Ltd. (hereinafter “Defendant A”).
(A) The Plaintiff received each credit guarantee form from the Plaintiff pursuant to the credit guarantee agreement as set out below, and received a total of KRW 430 million from the Industrial Bank of Korea on August 30, 201 and November 6, 2014. In this context, Defendant B (the representative director of Defendant A) was the Defendant B.
(1) According to each credit guarantee agreement, Defendant A jointly and severally guaranteed the Plaintiff’s obligation to the Plaintiff under the said credit guarantee agreement. The Plaintiff jointly and severally performed the guaranteed obligation to the Plaintiff, including the loan of KRW 170,000,000,000 (170,000,000) on August 26, 2011 of the type of loan due date for repayment of the loan (170,000,000) on the date of repayment of the loan (170,000) E on August 18, 2011, the amount of the loan of KRW 20,000,000 (20,000,000) on the loan of KRW 20,00,000,000, which was the repayment of the guaranteed obligation to the Plaintiff, before the repayment of the guaranteed obligation to the Plaintiff’s repayment of the loan of KRW 10,000,00,00,000,00 for the loan of KRW 315.
3) On December 30, 2016, the Incheon District Court GJ rendered a decision to commence compulsory auction on real estate owned by Defendant A, and the procedure for compulsory auction was in progress, and thus, Defendant A was unable to repay the above loan obligations. The Plaintiff subrogated to the Industrial Bank of Korea on April 5, 2017 in accordance with each credit guarantee agreement as above (i.e., KRW 379,683,061 (i.e., KRW 171,341,089 (= Principal KRW 177,341,089) under the Credit Guarantee Agreement) (i.e., KRW 170,000) under Article 2 credit guarantee agreement.
With respect to the 2nd credit guarantee agreement, the Plaintiff paid 853,000 won collected, and the final damages are 233 won.