beta
Text
1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 156,236,769 and KRW 154,339,09 among them.
Reasons
1. Basic facts
A. Credit guarantee agreement and joint and several sureties 1) The Plaintiff is Defendant A Co., Ltd. (hereinafter “Defendant A”).
(1) On August 6, 2013, Defendant A entered into a credit guarantee agreement with respect to Defendant A’s obligations to the Industrial Bank of Korea (the estimated loan amount of KRW 100 million) with respect to the credit guarantee amount (the estimated loan amount of KRW 90 million) until June 30, 2016. ② On January 16, 2015, Defendant A’s obligations to the Industrial Bank of Korea (the estimated loan amount of KRW 100 million) with respect to the credit guarantee amount (the guaranteed loan amount of KRW 85 million) until January 16, 2018. Defendant A’s representative director (the Plaintiff’s representative director) entered into the said credit guarantee agreement with the Plaintiff as to the obligations under the said credit guarantee agreement. According to each of the above credit guarantee agreements, Defendant A paid the Plaintiff the repayment amount of the guaranteed obligation and the repayment amount of the guaranteed obligation to the Plaintiff at the rate of KRW 12% per annum as determined by the Plaintiff’s compensation for damages for delay, etc.
B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) Defendant A lost the benefit of the loan due to delayed repayment of the principal and interest of the Bank of Korea on April 15, 2015. On June 30, 2015, the Plaintiff subrogated to the Bank of Korea for the principal and interest of the loan amounting to KRW 154,339,099 in subrogation of the Defendant A pursuant to a credit guarantee agreement. (2) The balance of the legal procedure expenses incurred by the Plaintiff in relation to the credit guarantee agreement is KRW 1,897,670.
C. On March 13, 2015, Defendant B and C entered into a mortgage agreement with the mortgagee C, B, and the maximum debt amount at KRW 50 million with respect to real estate listed in the attached Table 1 list owned by the Defendant B on March 13, 2015. On March 16, 2015, Defendant C received the aforementioned mortgage agreement from Jeju District Court on March 16, 2015.