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1. The Defendant Company A and B shall jointly and severally serve as the Plaintiff for KRW 390,355,222 and its KRW 385,668,92.
Reasons
1. Indication of claim;
A. 1) The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”) around April 2010.
B) As between the Defendant Company and the non-party C&C Co., Ltd. (hereinafter “non-party C&C”)
(2) The Defendant Company entered into a credit guarantee agreement with a credit guarantee principal of the credit guarantee principal of 384,200,000, the credit guarantee period from April 29, 201 to April 29, 201, and issued a credit guarantee agreement with a bank from April 29, 2011. The Defendant Company borrowed KRW 452,00,000 from the bank to the non-party bank. (2) When the Defendant Company is unable to repay its principal by the due date of repayment to the non-party bank, the Plaintiff entered into, at the request of the Defendant Company, a credit guarantee agreement with the credit guarantee principal of 384,200,000,000, and the credit guarantee period from May 2, 2011 to April 30, 2012.
3) Meanwhile, on May 3, 2011, Defendant B guaranteed the Defendant Company’s obligation to the Plaintiff under the above credit guarantee agreement. 4) After that, on September 7, 2012, the occurrence of a credit guarantee accident due to a failure to pay national taxes, the Plaintiff subrogated to the Non-Party Bank for the total amount of KRW 385,668,92, and paid KRW 1,478,360 to recover KRW 104,160 among them, and the additional guarantee fee incurred KRW 3,312,030.
The rate of damages for delay determined by the Plaintiff from the date of subrogation to the date of full payment is 14% per annum.
5) Therefore, Defendant Company and B jointly and severally agreed upon the Plaintiff KRW 390,355,222 (i.e., KRW 385,68,92 additional guarantee fee of KRW 3,312,030,00 for the preservation of the claim of KRW 1,478,360 for partial recovery, and KRW 104,160 for the amount of subrogated payment and KRW 385,668,92 for the amount of subrogated payment from September 7, 2012 to February 21, 2013, the delivery date of a copy of the complaint of this case, the agreed interest rate of KRW 14% for the delayed payment from September 7, 2012 to the date of complete payment.