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1. Defendant A, B, and C jointly and severally with the Plaintiff as to KRW 324,824,376 and KRW 323,708,560 among them.
Reasons
1. Basic facts
A. Conclusion of a credit guarantee agreement and the Plaintiff’s subrogation 1) Defendant A Co., Ltd. (hereinafter “Defendant Company”).
A) The credit guarantee agreement between the Plaintiff and the Plaintiff (hereinafter referred to as “each of the credit guarantee agreements of this case”) shall be as follows:
(1) The Defendants concluded a credit guarantee agreement under each of the instant credit guarantee agreements and received loans from the Industrial Bank of Korea and Korea bank as collateral. Meanwhile, Defendant B and C jointly and severally guaranteed the liability for indemnity to be borne by the Plaintiff according to each of the instant credit guarantee agreements. According to the rate of subrogation payment as prescribed by the Defendants’ repayment agreement and the amount of damages incurred by the Plaintiff from the date of guarantee to the date of performance of the relevant credit guarantee agreement (270,000,000,000) on December 4, 2008 to December 4, 2008 (270,000,000,000,000) on December 27, 2014 to November 27, 2015 (20,000,0000,000,0000) to the date of performance of the relevant credit guarantee agreement and the amount of damages incurred by subrogation by the Plaintiff from the date of performance of each of the instant credit guarantee agreements.
3) On September 23, 2015, the Defendant Company caused a credit guarantee accident due to the party allotment. On November 19, 2015, the Plaintiff paid to the Bank the principal and interest of KRW 272,344,147 (i.e., the principal and interest of KRW 270,00,000,000) (i.e., the principal and interest of KRW 2,344,147) to Korea; and 51,364,413 (i.e., the principal and interest of the loan principal and interest of KRW 50,95,90,902, interest KRW 368,511) to Korea; and (ii) on the other hand, the amount of the subrogated payment was issued KRW 1,760,166, and the amount of the remainder of the credit preservation expenses after appropriating the amount of KRW 64,350 arising from the guarantee fee refund, etc. for partial repayment.
The rate of delay damages determined by the Plaintiff as of November 19, 2015, which is the date of payment by subrogation, shall be annually.