beta
Text
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 40,081,728 and KRW 39,301,015 among them.
Reasons
1. Facts of recognition;
A. On April 30, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) on a loan from the new bank (hereinafter “new bank”), and issued a credit guarantee certificate with the guaranteed principal of KRW 42,500,00, and the guarantee term as of May 2, 2017. According to the above agreement, the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) was obligated to pay to the Plaintiff the amount of subrogated payment and performance, damages incurred by the Plaintiff after the date of performance, legal procedure expenses incurred by the Plaintiff, etc., and the agreed interest rate for delay was 12% per annum from June 1, 2015, and Defendant B jointly and severally guaranteed the obligation owed to the Plaintiff at the time of the said agreement.
B. The Defendant Company received a loan from the new bank using the credit guarantee certificate as seen earlier, and was delinquent in national taxes around March 17, 2015 and in arrears for the same year.
7.8.Failure to pay interest on the same year.
8. Although a business closure as of December 8, 2015, the Plaintiff did not pay the principal and interest of the loan even if it was lost due to its closure. On December 8, 2015, the Plaintiff paid to a new bank the principal and interest of the loan of KRW 39,493,475 (the principal of KRW 38,804,347 and interest KRW 689,128), and recovered KRW 192,460 on the same day. The Plaintiff paid KRW 780,650 with the legal procedure cost.
C. Meanwhile, on February 5, 2015, Defendant B entered into a mortgage contract (hereinafter “mortgage contract”) with Defendant D and Defendant B on the real estate listed in the attached list No. 2 of the attached Table No. 2 owned by Defendant B (hereinafter “instant real estate”), and on the same month.
9. As to the above real estate to Defendant D, the Daejeon District Court received the 3186 B/L registry office, and completed the registration of creation of a mortgage near the maximum debt amount of KRW 36 million (hereinafter “registration of creation of a mortgage near the instant real estate”). D.
In addition, Defendant B is Defendant D on August 7, 2015.