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1. The defendant A and B shall jointly and severally arrive with the plaintiff on the date stated in the annexed repayment schedule.
Reasons
1. Basic facts
A. The Plaintiff entered into a credit guarantee agreement and joint and several sureties 1) on August 27, 2012, the Plaintiff is Nonparty H Co., Ltd. (hereinafter “Non-Party Company”).
The credit guarantee agreement between the credit guarantee principal and 225,00,000 won, and the credit guarantee agreement between August 27, 2012 and August 26, 2013 (hereinafter referred to as the “credit guarantee agreement in this case”).
(2) Defendant A and Defendant B jointly and severally guaranteed all obligations owed by the non-party company to the Plaintiff according to the above credit guarantee agreement. According to the instant credit guarantee agreement, when the non-party company files an application for commencement of rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act, the non-party company and the joint guarantor are liable for the prior repayment of the amount guaranteed by the Plaintiff. When the Plaintiff fulfilled the guaranteed obligation, the non-party company and the joint guarantor are immediately paid the amount of the guaranteed obligation and the amount of damages according to the ratio set by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment.
3) On August 27, 2012, a non-party company was granted a loan of KRW 250,00,000 to a credit guarantee certificate issued by the Plaintiff based on the instant credit guarantee agreement. After that, the term of guarantee of the said credit guarantee was extended to “by August 26, 2014” and “by August 26, 2015.” (B) Non-party company filed an application for rehabilitation with the Busan District Court Decision 2014Kahap10016 on September 29, 2014, and Han Bank notified the Plaintiff of the occurrence of a credit guarantee accident against the non-party company on October 7, 2014.
2) On November 28, 2014, pursuant to the instant credit guarantee agreement, the Plaintiff subrogated the principal amount of KRW 226,129,931 (i.e., interest of KRW 225,00,000) to Hana Bank Co., Ltd. (i., the principal amount of KRW 1,129,931). C. Defendant A’s disposal of real estate (i) each of the instant land and buildings listed in the separate sheet.