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1. Defendant A Co., Ltd and Defendant B jointly and severally against the Plaintiff KRW 694,854,858 and KRW 688,184,413 among them.
Reasons
1. Basic facts
A. On August 24, 2007, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) up to August 23, 2009, with the credit limit trading of KRW 1,000,000,000, and the credit limit trading period of KRW 23, 2009 (up to November 22, 2013) (hereinafter “instant credit guarantee agreement”).
Defendant B guaranteed the above obligation of Defendant A to the Plaintiff.
B. According to the instant credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, the contractor and the guarantor shall pay the amount subrogated by the Plaintiff to the Plaintiff, and the damages for delay in accordance with the rate determined by the Plaintiff from the date of subrogation to the date of full payment (12% per annum) and the legal procedure costs necessary for the enforcement or preservation of the claim for reimbursement.
C. Defendant A obtained a total of KRW 1,00,000,000 from the Bank of Korea (hereinafter “Korea Bank”), and on October 2, 2013, the occurrence of a guarantee accident by the party branch. Accordingly, on December 9, 2013, the Plaintiff subrogated for KRW 688,184,413 to the Bank of Korea, and on December 9, 2013, the Plaintiff incurred penalty of KRW 6,140,065 and KRW 530,380.
On the other hand, on June 10, 2013, Defendant A entered into a sales contract with the Defendant’s Identity Timber Co., Ltd. (hereinafter “Defendant’s identity timber”), which stipulates as KRW 2,180,00,000 for each of the real estate listed in the separate sheet No. 1 to 20 (hereinafter “instant one real estate”) (hereinafter “instant sales contract”) and completed the registration of transfer of ownership with the Defendant’s identity timber as receipt No. 40521, Jun. 14, 2013, Defendant A sold the real estate listed in the separate sheet No. 12 through 3, etc. from July 2013 to October 2013.
E. On June 4, 2013, Defendant A also indicated in the attached Form 21 through 23, as between Defendant Chye C&C Co., Ltd (hereinafter “Defendant Chye C”) and Defendant Chye C&C.