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1. As to the Plaintiff’s joint and several KRW 230,336,323 and KRW 228,416,363 among them, Defendant limited liability companies A and B shall jointly and severally serve as the Plaintiff on August 25, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff’s claim 1 against Defendant A and B) on April 17, 2014, the Plaintiff is the Defendant Limited Company A (hereinafter “Defendant A”).
(2) At the time of the credit guarantee agreement, Defendant A, the representative director of the Defendant A, at the time of the said credit guarantee agreement, has obtained a loan from the National Bank of Korea (hereinafter referred to as the “National Bank of Korea”), and the Plaintiff lost the benefit of time due to the repayment of the principal and interest of the loan. On August 25, 2017, the Plaintiff paid the National Bank of Korea the principal and interest of KRW 228,416,363 (i.e., the principal and interest of KRW 250 million) to the National Bank of Korea (i.e., the principal and interest of KRW 25 million from March 21, 2017 to August 24, 2017).
3) The Plaintiff spent KRW 211,200 as the cost of securing the claim. The Plaintiff incurred KRW 1,708,760 as penalty (the amount calculated by the rate of 2.1% per annum from April 15, 2017 to August 24, 2017) due to Defendant A’s failure to pay guarantee fees from April 15, 2017. B. The ownership transfer registration under the name of Defendant C with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) owned by Defendant B (hereinafter “instant real estate”) was completed on November 16, 2016, under the name of Defendant C due to the sale on November 8, 2016 (hereinafter “instant sales contract”).
2. At the time of November 8, 2016, the registration of creation of a mortgage was completed in the name of Han Bank, the maximum debt amount of KRW 54 million, and on November 16, 2016, the registration of creation of a mortgage was revoked.
C. The instant real estate, the market value of which was KRW 80 million as of November 10, 2016, is the only real estate of Defendant B and Defendant C at the time of the instant sales contract.