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1. The Plaintiff:
A. As to Defendant A’s KRW 90,732,161 and KRW 90,732,150 among them:
B. Defendant A and Defendant corporation
Reasons
1. Part of the claim for reimbursement against Defendant A and Defendant B (hereinafter “Defendant Company”)
A. The facts of recognition 1) In order to obtain a loan of KRW 50 million from a bank on March 22, 2013, Defendant A entered into a credit guarantee agreement with the Plaintiff on March 21, 2014, setting the term of guarantee at KRW 45 million and the term of guarantee as follows; thereafter, the term of guarantee was modified until March 18, 2016 (hereinafter referred to as “instant First Agreement”).
(A) In order to obtain a loan of KRW 50 million from a bank on March 22, 2013, Defendant A entered into a credit guarantee agreement with the Plaintiff on March 20, 2015, setting the term of guarantee as KRW 45 million and the term of guarantee, and thereafter, the term of guarantee was modified until March 18, 2016.
(3) In order to obtain a loan of KRW 80 million from a bank on September 23, 2014, the Defendant Company entered into a credit guarantee agreement with the Plaintiff and the credit guarantee principal as of September 23, 2015, setting the term of guarantee as of September 23, 2015, and the subsequent term of guarantee was modified until September 23, 2016 (hereinafter referred to as the “instant third agreement”).
(4) On February 25, 2016, Defendant A paid to the Plaintiff the sum of KRW 90,775,530, the principal and interest pursuant to the instant arrangement on February 25, 2016, the Plaintiff subrogated to the bank for KRW 90,775,530, and thereafter, the remainder of the subrogated payment recovered KRW 43,380 from Defendant A and the subrogated payment remains at KRW 90,732,150. From the date of subrogated payment for KRW 43,380 to the date of recovery, KRW 11 was incurred as agreed delay damages, and at the time, the agreed delay damages rate at KRW 10 per annum.
5. When the Defendant Company run a place of business on December 18, 2015, the Plaintiff paid a total of KRW 76,413,043 on February 25, 2016, the sum of principal and interest under the instant arrangement on February 25, 2016, on the bank, and thereafter collected KRW 131,80 from the Defendant Company and subrogated for the remainder.