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1. The Defendants jointly and severally committed against the Plaintiff as to KRW 96,734,037 and KRW 96,03,573 among them, from June 29, 2018.
Reasons
1. Facts of recognition;
A. On April 28, 2017, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) (hereinafter “instant credit guarantee agreement”). Defendant A was loaned KRW 100,00,000 from C Bank on May 2, 2017 pursuant to the said credit guarantee agreement.
B. On May 9, 2018, C Bank notified the Plaintiff that “the credit guarantee accident (non-smoking accident) occurred in April 27, 2018,” and on June 29, 2018, the Plaintiff subrogated to C Bank KRW 96,03,573 in accordance with the instant credit guarantee agreement.
Accordingly, the principal and interest on indemnity under the credit guarantee agreement of this case (i.e., 96,734,037 won (i.e., penalty of 96,03,573 won 306,60 won of subrogated payment of 393,864 won) and the agreed damages for delay calculated at the rate of 10% per annum from June 29, 2018 to 96,03,573 won of subrogated payment of 96,03,573 won.
C. Defendant B, as the representative director of Defendant A, entered into the instant credit guarantee agreement with the Plaintiff, and instead, did not provide joint and several surety for the said credit guarantee agreement, the instant agreement is referred to as “the transparent management performance agreement”.
The contract shall be concluded with the Credit Guarantee Fund (hereinafter referred to as the “Credit Guarantee Fund”) and the key contents are as follows:
) In receiving a credit guarantee for indication under Article 1, I agree to faithfully perform the obligation of management of indication under Article 2 in order to manage an enterprise in a sound and transparent manner with a view to contributing to the development of the national economy instead of providing a joint and several sureties. If you violate this obligation, I approve that the obligation under the credit guarantee agreement for indication under Article 1 is jointly and severally with the guaranteed enterprise, and that the contents of the credit guarantee agreement for indication under Article 1 are applied to the performance of the obligation, and agree to each of the provisions of this Agreement.
1. Guarantee Company: A2.00.00.000.