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1. Defendant A and Defendant B jointly and severally against the Plaintiff KRW 169,979,413 and KRW 169,979,137.
Reasons
1. Facts of recognition;
A. The Plaintiff is a legal entity established under the Credit Guarantee Fund Act, and the Defendant A Co., Ltd. (hereinafter “Defendant Company”).
(2) The defendant C reported marriage with the defendant B on May 19, 1993 and continued the legal marital relationship with the defendant B on December 29, 2015. The defendant C was a person who made a divorce on December 29, 2015.
3) Defendant D is a person who sells construction materials in the name of “E” and engages in a transaction with the Defendant company. (b) On December 10, 2014, the Plaintiff entered into a credit guarantee agreement between the Defendant Company and the Defendant Company with respect to a loan obligation to the Industrial Bank of Korea of the Defendant Company, including the principal guaranteed, from October 10, 2014 to December 9, 2015 (the extension from the guarantee period extension agreement to June 8, 2016 according to the guarantee period extension agreement). The Plaintiff’s credit guarantee agreement between the Defendant Company and the Defendant Company with respect to the obligation under the credit guarantee agreement between the Plaintiff and the Defendant Company, which guarantees the delayed payment of the indemnity claim due to the Plaintiff’s performance of the guaranteed obligation at a rate of 10% per annum.
2) The Defendant Company, using a credit guarantee form under the instant credit guarantee contract, borrowed KRW 200,000 from a small and medium enterprise on December 10, 2014 under the joint and several guarantee of Defendant B, but, due to the lack of operating funds, was discontinued on January 20, 2016. (3) In accordance with the instant credit guarantee contract, the Plaintiff paid to the Industrial Bank of Korea on February 26, 2016, the amount of KRW 170,986,557 (the principal amount of KRW 170,00,000 + overdue interest of KRW 986,557) (the overdue interest of the Defendant Company).
4. Meanwhile, the Plaintiff appropriated KRW 1,007,420, such as guarantee fee and refund money to the Defendant Company for the repayment of the claim for reimbursement due to the performance of the above guaranteed obligation.
(c) the defendant.