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1. The Plaintiff:
A. As to KRW 355,037,730 and its KRW 353,704,340 among the Defendant Arap Co., Ltd.
Reasons
1. Facts of recognition;
A. On March 26, 2010, the Plaintiff entered into a guarantee agreement and joint and several sureties agreement and a loan1) The Plaintiff (hereinafter “Defendant Arap”) with Defendant Arap Co., Ltd. (hereinafter “Defendant Arap”).
B) As between the credit guarantee ceiling amount to KRW 350 million, the export credit guarantee agreement between March 26, 2010 to March 25, 2011 (hereinafter “instant credit guarantee agreement”).
(2) Defendant Aps jointly and severally guaranteed the obligation of Defendant Aps to the Plaintiff pursuant to the instant guarantee agreement. (3) Defendant Aps borrowed an export credit guarantee certificate issued pursuant to the instant guarantee agreement from the Han Bank as collateral from the first bank on the date of the instant guarantee agreement, KRW 350 million.
(3) According to Article 8 of the Guarantee Agreement, upon the Plaintiff’s fulfillment of the guaranteed obligation, Defendant A-W shall pay to the Plaintiff the reasonable expenses incurred in the Plaintiff’s exercise of the obligation to discharge the guaranteed obligation and the right to compensate for the guaranteed obligation, and damages for delay calculated by multiplying the Plaintiff’s delayed interest rate by the payment rate as determined by the Plaintiff from the day following the due date determined by the Plaintiff until the due date determined by the Plaintiff. (B) The overdue interest rate determined by the Plaintiff is 11% per annum. The claim for reimbursement by subrogation and the substitute payment by subrogation lost the interest due to delinquency in the principal of the trade financing on January 17, 2011. Accordingly, the Plaintiff lost the interest due date for the instant loan due to the delay in the principal of the trade financing on February 15, 2011. At one bank on February 15, 2011, the Plaintiff paid the principal amount of the loan amount of KRW 353,704,340,000,000,374,34,340
C. The death of D and the inheritor’s qualified acceptance D died on August 17, 2012, and the Defendant B and C, the wife of D, inherited the property of D.
Defendant A, B, and C are above the Suwon District Court’s Ansan branch.