beta
Text
1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 88,173,018 and KRW 87,044,658 among them, respectively.
Reasons
1. The following facts may be acknowledged, either in dispute between the parties, or in full view of the purport of the whole pleadings, as stated in Gap evidence 9-2, Gap evidence 11, and Gap evidence 13-20.
On December 10, 2009, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with respect to the repayment obligation of KRW 100 million, which Defendant A Co., Ltd. (hereinafter “A”) planned to obtain a loan from our bank, with a maturity of KRW 95 million, and up to December 9, 2010 (hereinafter “the instant credit guarantee agreement”).
B. According to the instant credit guarantee agreement, where Defendant A was unable to repay the amount borrowed from us bank within the term of guarantee and on behalf of the Plaintiff, Defendant A shall pay the amount repaid by the Plaintiff and the amount repaid by the Plaintiff from the date of repayment to the date of full payment (15% per annum, but 12% per annum from the date of the instant credit guarantee agreement to December 1, 2012), and (2) in the event the Plaintiff’s guaranteed obligation is not rescinded within the term of guarantee, penalty by the rate calculated by adding 0.5% per annum to the applicable guarantee rate from the date following the date of payment to the date from the date following the date of payment, and ③ in the event that the Plaintiff’s guaranteed obligation is not rescinded by the due date of guarantee, the expenses incurred in the enforcement, preservation, exercise, and legal procedures for this.
In addition, in the event that Defendant A violated, discontinued, or fails to conduct business for at least three consecutive months, the Plaintiff may claim for the amount guaranteed by the Plaintiff without any separate notice or peremptory notice to Defendant A and its joint and several sureties.
C. At the time of the instant credit guarantee agreement, Defendant A, the representative of Defendant A, jointly and severally guaranteed all obligations owed by Defendant A to the Plaintiff pursuant to the instant credit guarantee agreement.
Defendant A shall be subject to the instant case on December 11, 2009.