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The Defendants shall jointly and severally pay to the Plaintiff KRW 793,525,284 and KRW 347,046,551, which shall be repaid from March 10, 2020.
Reasons
1. Determination as to the cause of claim
A. 1) The credit guarantee agreement and loan execution company C concluded each credit guarantee agreement with the Korea Technology Finance Corporation as listed below with the Defendants’ joint and several surety, and obtained loans from D as collateral. According to Article 11 of the Credit Guarantee Agreement, C and the Defendants, if the Korea Technology Finance Corporation discharge the guaranteed obligation, shall pay damages at the rate set by the Korea Technology Finance Corporation. The term of guarantee principal of the guaranteed principal of the date of the agreement / 100,000 won as of December 22, 2003 / 22, 2004, 300,000 won as of December 18, 2009, 200 won as of December 26, 2003, 2000 won as of March 25, 2006, 300,000 won as of March 37, 2005, 200 won as of March 29, 2006.
The Korea Technology Credit Guarantee Fund paid each principal and interest of loan to D on June 26, 2009 in accordance with the aforementioned credit guarantee agreement.
3) On December 15, 2009, the Korea Technology Credit Guarantee Fund filed a lawsuit against the Defendants against the Seoul Central District Court 2009Kahap89523, and won of the lawsuit on the claim of reimbursement on December 15, 2009, “The Defendants jointly and severally agreed to the payment plan of KRW 585,732,71, and KRW 585,580,731, respectively, 14% per annum from June 26, 2009 to September 25, 2009, and 16% per annum from the next day to December 15, 2009, and 20% per annum from the next day to the date of full payment.” The above judgment was declared bankrupt, but the repayment plan of KRW 201,34,000,000,000, which became final and conclusive on January 29, 2010.