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1. The Plaintiff Co., Ltd. and B shall jointly and severally serve as KRW 209,167,869 and KRW 208,690,765, among themselves.
Reasons
On August 24, 2011, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) and entered into a credit guarantee agreement to guarantee the performance of the obligation to repay loans that the Defendant Company will receive from the Industrial Bank of Korea (hereinafter “the instant credit guarantee agreement”) with the term “270,000,000 won” and “the guarantee period of August 24, 2011 to August 23, 2012”).
On August 24, 2011, Defendant B, the representative of the Defendant Company, jointly and severally guaranteed the liability for indemnity to be borne by the Defendant Company to the Plaintiff in accordance with the instant credit guarantee agreement.
According to the instant credit guarantee agreement, the Defendant Company and D shall pay the amount of damages calculated at the rate determined by the Plaintiff (12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from February 1, 2016 to February 1, 2016), ② legal procedure costs, and ③ additional guarantee fees, etc. from the date when the Plaintiff performed its guarantee obligation.
(Article 10). The instant credit guarantee agreement was modified and the guaranteed amount was reduced to KRW 207,00,000,000, and the term of guarantee was extended to August 19, 2016.
On August 24, 2011, the Plaintiff’s loan and the Plaintiff’s subrogation issued to the Defendant Company a credit guarantee certificate with the same content as the instant credit guarantee agreement, and the Defendant Company provided the Bank with the said credit guarantee certificate as security, and received a loan of KRW 300,000,000 around that time.
(hereinafter “instant loan”). On November 5, 2015, Defendant Company lost the benefit of time due to the overdue interest on the instant loan.
Accordingly, the Industrial Bank of Korea notified the Plaintiff of the occurrence of a guarantee accident. On February 11, 2016, the Plaintiff subrogated to KRW 207,000,000, and interest 1,798,515, which are the limit of the guarantee, out of the principal and interest of the instant loans, to the Industrial Bank of Korea on February 11, 2016.