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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 207,415,713 and KRW 207,415,386 among them.
Reasons
1. Basic facts
A. 1) On September 27, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant B, who carried on his/her personal business under the trade name A (hereinafter “existing credit guarantee agreement”) (hereinafter “existing credit guarantee agreement”).
(1) On the same day, a new bank (hereinafter referred to as “new bank”) has been established against the Defendant on the same day.
(2) On September 24, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) established by Defendant B (hereinafter “instant credit guarantee agreement”), and Defendant B entered into a credit guarantee agreement with the Plaintiff on September 24, 2014, with a guarantee number “E” as of September 26, 2013. On the following day, B borrowed KRW 250,00,000 from a new bank as security. Since then, the guarantee period of the existing credit guarantee agreement was extended to September 26, 2014.
3) The contents of the credit guarantee agreement of this case are as follows. (1) When any of the following events occurs with respect to the principal, the principal and the joint guarantor shall bear the obligation to repay in advance the amount guaranteed by the Plaintiff even though they have not been notified and notified by the Plaintiff. When the principal and the joint guarantor have discontinued their business on February or have not continued to run their business for not less than three consecutive months, Article 10 (Scope of Repayment) (1) When the Plaintiff has performed the guaranteed obligation, the principal and the joint guarantor shall immediately repay the following amounts: Provided, That the joint guarantor as provided for in Article 2 (1) of the Special Act on the Protection of Guarantee of Secrecy shall repay to the maximum amount of the guaranteed obligation separately stated:
1. Performance amount of surety obligations;
2. The amount under subparagraph 1 shall be calculated by multiplying the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment.