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1. The Plaintiff:
A. As to the defendant A corporation 1,004,008,688 and 998,925,949 won among them:
B. Defendant C.
Reasons
1. Basic facts
A. 1) The Plaintiff Co., Ltd. (hereinafter “Defendant A”) concluded a credit guarantee agreement.
(1) A credit guarantee agreement between the Plaintiff and the Plaintiff on March 31, 2015 (hereinafter referred to as the “instant credit guarantee agreement”) and a credit guarantee agreement between the Plaintiff and the Plaintiff on March 30, 2020 (hereinafter referred to as the “instant credit guarantee agreement”).
(2) According to the credit guarantee agreement of this case, if the plaintiff performed a guaranteed obligation, F shall pay the amount of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer, and exercise of the rights acquired by the plaintiff due to the performance of the guaranteed obligation, and damages for delay according to the rate determined by the plaintiff as to the number of days from the day following the payment date of each of the above amounts until the payment date of the guaranteed obligation. The rate of damages for delay determined by the plaintiff is 10% per annum from the payment date of the guaranteed obligation.
3) On March 31, 2015, Defendant A borrowed KRW 1,250,00,00 as collateral a credit guarantee statement issued by the Industrial Bank of Korea under the instant credit guarantee agreement. On December 6, 2016, Defendant A paid KRW 1,250,000 to the Industrial Bank of Korea as collateral. On December 15, 2016, the instant credit guarantee agreement: (i) on December 15, 2016, the Plaintiff paid to the Industrial Bank of Korea the principal amount of KRW 1,001,631,229 (i.e., the principal amount of KRW 1,00,000,000,000, KRW 1,631,229) (i.e., the principal amount of KRW 1,639,00,000, KRW 040, KRW 16,240,000, KRW 16,2400, KRW 2985,2985,297.
In addition, 72 won (2,589,040 won collected as of December 15, 2016 x 10% x 1/365 days, and hereinafter the same shall apply) for each of the collected amounts.
() A fixed damages amounting to KRW 63 (116,240 won recovered as of December 16, 2016 x 10% x 2/365 x 2/365) was incurred, and the Plaintiff is above.