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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 715,456,097 and KRW 711,230,026 among them.
Reasons
1. Basic facts
A. The Plaintiff entered into a credit guarantee agreement and joint and several sureties 1) with respect to the Defendant A’s loan granted by the Industrial Bank of Korea and the Bank of Korea, and each credit guarantee agreement on March 22, 2012 and December 2, 2013 (hereinafter “instant credit guarantee agreement” in the order of the respective credit guarantee agreements and collectively “each of the instant credit guarantee agreements”.
(2) Defendant A jointly and severally guaranteed the obligation of indemnity against the Plaintiff based on each credit guarantee agreement of this case. Defendant A secured the first credit guarantee from the Industrial Bank of Korea on March 22, 2012, and obtained loans from the Bank in KRW 400 million each as security on December 2, 2013.
B. On October 7, 2014, the Plaintiff: (a) caused a credit guarantee accident on November 10, 2014, following the Defendant’s delinquency in the payment of loans to the Industrial Bank of Korea from October 7, 2014; (b) on February 24, 2015, the amount of principal and interest KRW 366,508,405, which was based on the first credit guarantee to the Industrial Bank of Korea on February 24, 2015; (c) on November 12, 2014, the credit guarantee accident occurred on December 12, 2014; (d) on February 24, 2015, 34,721,621 won, which was based on the second credit guarantee; and (e) paid additional KRW 364,506,408,405 won to the Bank; and (e) paid additional KRW 361,271,2616,27616.67
The rate of delay damages for the payment by subrogation is 12% per annum.
C. On October 13, 2014, Defendant A entered into a mortgage contract and a pre-sale agreement (hereinafter “mortgage”) with Defendant C as to the real estate set forth in paragraph (2) of the order of his own possession (hereinafter “the instant real estate”). On October 14, 2014, Defendant C entered into a mortgage contract with the maximum debt amount of KRW 700 million (hereinafter “instant mortgage contract”).