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1. As to the Plaintiff’s joint and several costs of KRW 330,638,689 and KRW 326,865,189, Defendant A and B, respectively, shall be jointly and severally against the Plaintiff.
Reasons
1. Basic facts
A. A. A. The Plaintiff’s credit guarantee agreement and loan 1) credit guarantee agreement between Defendant A and the maximum trading amount of KRW 700 million around September 4, 2008, and the credit guarantee agreement between September 4, 2008 and September 3, 2010 (from September 4, 2008 to September 3, 2009 during which an open credit guarantee certificate may be issued, until September 3, 2010) (hereinafter “credit guarantee agreement in this case”).
(2) At the time of the conclusion of the aforementioned credit guarantee agreement, Defendant A jointly and severally guaranteed the indemnity obligation owed by Defendant A to the Plaintiff under the said credit guarantee agreement. At the time of the conclusion of the credit guarantee agreement, Defendant A obtained a loan of KRW 350 million from a corporate bank as collateral on September 17, 2009 (the guarantee period was changed up to June 4, 2015) with the credit guarantee agreement covering the guaranteed amount of KRW 297.5 million and the guarantee period until September 17, 2009 (the guarantee period was changed up to June 4, 2015).
3) In addition, by September 17, 2009, the guarantee period of Defendant A was changed by KRW 399.5 million, and by September 17, 2009 (the guarantee period was changed by June 4, 2015 thereafter).
(2) On September 18, 2008, a credit guarantee statement made as collateral from a corporate bank to a small and medium enterprise loan amounting to KRW 470 million under the name of a small and medium enterprise loan (hereinafter “instant second loan”).
(4) According to the credit guarantee agreement of this case, when the plaintiff performed the guaranteed obligation, the defendant A and B paid to the plaintiff. ① The amount paid by the plaintiff for the performance of the guaranteed obligation, and damages for delay by the rate determined by the plaintiff, ② the expenses incurred in the performance of the guaranteed obligation, ② the expenses incurred in the preservation, transfer, and exercise of the right acquired by the performance of the guaranteed obligation, and the insurance premium paid by the plaintiff on behalf