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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 667,408,528 and KRW 659,353,365 among the Defendants, from April 25, 2014 to October 2014.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a credit guarantee agreement as described in the following table with Defendant A Co., Ltd. (hereinafter “Defendant A”). Defendant B and C, on the same day, jointly and severally guaranteed obligations under each of the above credit guarantee agreements with Defendant A. After that, Defendant A submitted a credit guarantee agreement issued by the Plaintiff and received funds from the National Bank of Korea (hereinafter “National Bank”), and thereafter, the term of guarantee of the credit guarantee agreement set forth in No. 1 of the following table was extended until April 25, 2014.
(따라서 보증기한이 연장되지 않았음을 전제로 연대보증채무가 존재하지 않는다는 피고 B, C의 주장은 받아들이지 아니한다). 원장번호 채권은행 보증일 대출예정금액(원) 보증금액(원) 보증기한 주채무실행일 주채무과목 D 국민은행 2009-04-30 500,000,000 475,000,000 2010-04-28 2009-06-24 Ｂ２Ｂ구매자금대출 E 국민은행 2011-03-31 700,000,000 630,000,000 2021-03-30 2011-04-27 기업일반시설자금대
B. When the Plaintiff performed the guaranteed obligation at the time of each credit guarantee agreement, the Defendants agreed to pay the amount of performance of the guaranteed obligation, damages for delay in accordance with the interest rate determined by the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation, and expenses incurred in the legal procedures for the enforcement and preservation of penalty and claims. The rate of damages for delay on the amount of performance of the guaranteed obligation determined by the Plaintiff is 12
C. On March 12, 2014, the Plaintiff paid KRW 659,353,365 to the National Bank on April 25, 2014, and paid KRW 9,553,716 for the purpose of preserving the claim against Defendant A, but thereafter recovered KRW 1,863,773, and still remains KRW 7,689,943 (=9,553,716-1,863,773), and the penalty to be borne by the Defendants is KRW 365,220.
[Ground of recognition] Unsatisfy, Gap evidence 1.