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1. Defendant A Co., Ltd. and B jointly and severally with the Plaintiff KRW 1,008,713,529 and KRW 602,680,974 out of the above amount.
Reasons
1. Basic facts
A. The Plaintiff’s credit guarantee and subrogation due to the occurrence of a guarantee accident 1) Defendant A Co., Ltd. (hereinafter “A”).
(1) On March 23, 201, the Plaintiff and ① enter into an agreement on credit guarantee of KRW 595,00,000 for the guaranteed amount (hereinafter “the first credit guarantee agreement”).
(2) On May 30, 201, a credit guarantee agreement of KRW 399,500,000 is separately concluded on May 30, 201 (hereinafter “the second credit guarantee agreement”).
(2) The Defendant B guaranteed the Plaintiff’s obligation under the respective credit guarantee agreements by Defendant A. As such, the Bank borrowed KRW 470,000,000 from the Industrial Bank of Korea.
3) Article 12 of the aforementioned Credit Guarantee Agreement provides that, if a plaintiff performs a guaranteed obligation, the principal obligor and the joint guarantor may delay the performance of the guaranteed obligation on April 29, 2013; ① the amount of the guaranteed obligation and the rate calculated by the plaintiff (12% per annum from December 1, 2012 to December 1, 2012) from the date on which the guaranteed obligation is fully repaid; ② the penalty, ③ other expenses incurred in the procedures for preserving the guaranteed obligation are repaid; ② the principal obligor violates the obligation to perform the principal obligation (Article 8(1) (Article 9); and ④ the principal obligor and the joint guarantor may recover the guaranteed obligation in advance without notification or peremptory notice to the principal obligor and the joint guarantor; ④ The Plaintiff paid the principal and interest of the loan to the National Bank on August 21, 2013; ② the principal and interest of the loan to each of the Bank on September 1, 2013; ② the Bank on September 9, 2013;
5) The Plaintiff collected KRW 1,996,350 from Defendant A on August 21, 2013, and appropriated it for the repayment of the principal of indemnity bonds under the first credit guarantee agreement. Accordingly, the principal of indemnity bonds under the first credit guarantee agreement is KRW 602,680,974 (hereinafter “the principal”).