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1. Defendant A Co., Ltd. and B jointly and severally for the Plaintiff KRW 1,241,526,110 and KRW 637,432,620 among them.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff is a non-profit special corporation established under the Trade Insurance Act to promote trade and overseas investment, thereby strengthening national competitiveness and contribute to the development of the national economy, by efficiently operating the trade insurance system to ensure risks arising in connection with trade or other foreign transactions. 2) The Defendant A Co., Ltd. (hereinafter “Defendant A”) is a company established for the purpose of selling and exporting essential products, and selling and exporting liquor products.
Defendant B is the only in-house director of the Defendant Company, and Defendant C was the former in-house director of Defendant B.
B. Around June 20, 2014, the Plaintiff entered into a credit guarantee agreement and made a credit guarantee agreement between the Defendant Company and the period from June 20, 2014 to December 16, 2016 (hereinafter “the instant credit guarantee agreement”). The Plaintiff entered into a credit guarantee agreement between the Defendant Company with the maximum credit guarantee limit of KRW 630,000,000, the maximum guarantee amount of KRW 819,000,000, and the guarantee period from June 20, 2014 to December 16, 2016.
(2) According to the above agreement, where the Plaintiff performed a credit guarantee obligation on behalf of the Defendant Company, the Defendant Company jointly and severally guaranteed the Defendant Company’s obligation, such as the amount paid by the Plaintiff on behalf of the Defendant Company and the amount of damages (11% per annum from the day following the date of the repayment by subrogation until January 5, 2016, and 10% per annum from the next day to the day of the payment by subrogation), and the Plaintiff’s performance of the guaranteed obligation, thereby paying all incidental obligations, including the expenses incurred in the execution, preservation, transfer, exercise of the obligation, and legal procedures.
3) On June 20, 2014, Defendant Company received a trade finance loan of KRW 700,000,000 from D Bank Eastern Branch as a security in accordance with the above agreement. (4) Defendant Company lost its interest on D Bank on September 24, 2016.