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1. Defendant A Co., Ltd, B, C, and D jointly and severally with the Plaintiff KRW 369,338,986 and KRW 368,554,070 among them.
Reasons
1. Basic facts
A. Defendant A Co., Ltd. (hereinafter “Defendant A”)
B) On June 4, 2007, between the Plaintiff and the Plaintiff, the guaranteed amount is KRW 120 million, and the guarantee period is determined as of November 28, 2014 (hereinafter “the first credit guarantee agreement”).
(2) On February 9, 2009, Defendant A entered into a credit guarantee agreement with the Plaintiff and received a loan of KRW 150 million from the Industrial Bank of Korea as collateral. Then, Defendant A entered into a credit guarantee agreement between the Plaintiff and the Plaintiff on February 8, 2010 (the period of the guarantee thereafter was extended to February 7, 2014; hereinafter “the second credit guarantee agreement”) and received a loan of KRW 200 million from the Industrial Bank of Korea as collateral on February 11, 2009.
3) On June 13, 2013, Defendant A entered into a credit guarantee agreement (hereinafter “third credit guarantee agreement”) with the Plaintiff as between June 13, 2013, setting the coverage amount of KRW 155,520,000, and the term of coverage by June 12, 2014.
(4) At the time when Defendant B, C, and D entered into a credit guarantee agreement (hereinafter referred to as “each of the instant credit guarantee agreements”) with the Bank as a collateral, they jointly and severally guaranteed all obligations that Defendant A would incur to the Plaintiff pursuant to each of the instant credit guarantee agreements, at the time of entering into the said credit guarantee agreement.
5) Of the terms and conditions of each credit guarantee agreement in this case, the part concerning the exercise of the Plaintiff’s right to indemnity is as follows. Article 6 of the Credit Guarantee Agreement (1) applies to Defendant A, if any of the following events occurs with respect to Defendant A, Defendant A and the joint guarantor bear the obligation to make a prior reimbursement for the amount guaranteed by the Plaintiff, even if not notified and notified by the Plaintiff: