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1. The Defendants are jointly and severally and severally liable for 864,215,696 won and KRW 862,280,610 among the Defendants’ money and KRW 862,280,610 from December 5, 2014 to March 27, 2015.
Reasons
1. The following facts as to the cause of the claim do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as to the entries in Gap evidence Nos. 1 and 8.
The Plaintiff, between Defendant A and the Industrial Bank of Korea, provided credit guarantee to the Industrial Bank of Korea pursuant to the Korea Technology Credit Guarantee Fund Act.
B. The Plaintiff, on behalf of Defendant A, agreed to pay the credit guarantee liability to the said bank, ① the subrogated payment made by the obligee for the performance and the damages for delay based on the creditor’s fixed rate of damages from the payment date to the full payment date; ② the additional guarantee fee based on the rate calculated by adding the rate of the guarantee fee applied from the date following the expiration date of the payment date to the date preceding the payment date of the subrogated payment; ③ the creditor’s performance of the guaranteed obligation to pay all incidental obligations such as the legal procedure expenses incurred by the obligee in order to enforce or preserve the right.
C. On March 30, 2011, the Plaintiff issued a credit guarantee certificate with a period fixed on March 29, 2012, with respect to the principal and interest obligation of KRW 1,000,000 for small and medium enterprise loans that Defendant A would have obtained from the Industrial Bank of Korea, with the guarantee amount of KRW 850,000,000 and the guarantee period of KRW 850,000.
On March 30, 201, Defendant A obtained loans from the Industrial Bank of Korea for small and medium enterprise funds of KRW 1,000,000 from the Industrial Bank of Korea as a security, and thereafter changed the term of credit guarantee on March 23, 2012; the term of credit guarantee extended on March 22, 2013; the term of credit guarantee extended on March 21, 2014; the term of credit guarantee extended on March 21, 2014; and the term of credit guarantee extended on March 20, 2015.
E. Defendant B jointly and severally guaranteed the liability for indemnity under the credit guarantee agreement of Defendant A.
(f).