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Defendant A Co., Ltd. and B jointly and severally against the Plaintiff KRW 81,832,247 and KRW 79,572,127 among them.
Reasons
1. Facts of recognition;
A. On September 17, 2014, the Plaintiff entered into a credit guarantee agreement between Defendant A Co., Ltd. (hereinafter “Defendant A”) with respect to the debt KRW 100 million (i.e., the debt that Defendant A would have obtained from the bank and be borne by the bank, providing that “the guaranteed number E, the guaranteed principal amount of KRW 85 million, and September 17, 2015 (hereinafter “instant credit guarantee agreement”).
B. At the time of the instant credit guarantee agreement, Defendant B guaranteed the Plaintiff’s obligation owed by Defendant A to the Plaintiff pursuant to the instant credit guarantee agreement and consented to the extension of the guarantee term of the instant credit guarantee agreement after the next.
C. Since then, the term of guarantee of the instant credit guarantee agreement was extended several times, which was finally extended by September 19, 2019.
Based on the instant credit guarantee agreement, Defendant A obtained a loan from D Bank on September 2, 2014 by setting the loan amount of KRW 100 million as the subject of a technology-based start-up business support loan on September 17, 2015. After that, the term of the loan has been extended several times, and on September 20, 2019, Defendant A delayed the principal of the loan. At that time, D Bank notified the Plaintiff of the occurrence of a credit guarantee accident on the ground of the principal body (hereinafter “the instant credit guarantee accident”).
E. The Plaintiff repaid the amount of KRW 79,572,127 to the D Bank on January 22, 2020 under the instant credit guarantee agreement (i.e., principal amount of KRW 78,940,251) (=interest of KRW 631,876).
F. Meanwhile, according to the instant credit guarantee agreement, all incidental obligations, such as insurance premiums and legal procedural costs, which were already paid by the Plaintiff necessary to exercise or preserve the Plaintiff’s right to indemnity, are also borne by the Defendant A. However, the amount unpaid out of the legal procedural costs required by the Plaintiff due to the occurrence of the instant credit guarantee accident was KRW 1,614,670.
In addition, according to the credit guarantee agreement of this case, Defendant A is obliged to pay guarantee fees, etc. to the Plaintiff.