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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 255,639,00 and KRW 253,091,724 from May 29, 2014 to January 2015.
Reasons
1. Indication of claim;
A. Upon the request of Defendant A Co., Ltd. (hereinafter “Defendant Company”), the Plaintiff entered into a guarantee agreement with the Defendant Company pursuant to the Korea Technology Credit Guarantee Fund Act with respect to each obligation that the Defendant Company will take out and assume from the Industrial Bank of Korea (hereinafter “Industrial Bank”), and guaranteed the Defendant Company’s repayment of principal and interest by issuing each guarantee bond as follows:
h. The second guarantee (200,000,000, 2000, 2000, 2012. 17. 17. 2013. 21. (17. 2014. 2017. 201. 2009. 21. 201. 201. 200, 2012. 200, 2000, 200, 200, 200, 200, 200, 200, 200, 200. 21. 21. 20, 2012. 27. 2009. 21, 2009. 21, 2012. 21, 2000, 200, small and medium enterprise financing loans (10,000, 200) of small and medium enterprises banks;
B. At the time of concluding each guarantee agreement with the Plaintiff, when the Plaintiff performed the guaranteed obligation due to the Defendant Company’s failure to discharge the principal obligation, the Defendant Company agreed to pay to the Plaintiff the amount paid by the Plaintiff for performance and its delay damages, ② penalty calculated by adding 0.5% to each guarantee rate for the principal obligation from the day following the expiration date of the period when the Plaintiff’s guaranteed obligation is not extinguished within the period, to the day before the expiration date of the period when the guarantee fee is paid, or from the day following the expiration date of the period when the guarantee fee is paid, and ③ the expenses paid by the Plaintiff in delay for the purpose of preserving the claim for reimbursement. The rate of delay damages determined by the Plaintiff is 12% per annum from December 1,
C. Defendant B jointly and severally guaranteed all the obligations owed by the Defendant Company to the Plaintiff regarding the aforementioned 1 and 2 guarantee agreement.
On February 18, 2014, Defendant Company lost the benefit of time for each of the above loans due to natural enterprises.
Accordingly, on May 29, 2014, the Plaintiff made the first and second guarantee against the non-party bank on May 29, 2014.