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1. Defendant A, B, and C jointly and severally with the Plaintiff as to KRW 186,892,90 and KRW 184,641,897 among them.
Reasons
1. Basic facts
A. On March 24, 2011, the Plaintiff entered into a credit guarantee agreement between F (Trade Name: G) and the Korea Development Bank (hereinafter “Korea Development Bank”) with a term of guarantee of KRW 250 million,000,000,000,000,000 for a loan obligation of the Korea Development Bank (hereinafter “Korea Development Bank”); on March 23, 2012; on March 21, 2012, the Plaintiff changed the period of guarantee to the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) due to the change in corporate form, on the ground of the change in corporate form, the principal debtor was changed to the period of guarantee by March 22, 2013 (the period of guarantee was changed to KRW 180,00,000,000,000, and the period of guarantee thereafter to March 21, 2014, respectively).
(hereinafter “instant credit guarantee agreement”). (b)
According to the instant credit guarantee agreement, when the Plaintiff performs a guaranteed obligation, the Defendant Company paid the amount of subrogation to the Plaintiff and the amount of damages for delay calculated at the rate determined by the Plaintiff from the date of subrogation to the date of full payment.
C. On March 21, 2014, Defendant B and C jointly and severally guaranteed obligations under the instant credit guarantee agreement to the Plaintiff as the representative director of the Defendant Company.
On March 31, 2011, F obtained a loan of KRW 250 million from a non-party bank as collateral for the instant credit guarantee agreement (after that, the debtor is changed to March 20, 2015), and on January 27, 2015, there was a credit guarantee accident where the interest overdue interest of the defendant company is lost, and the non-party bank notified the plaintiff of the credit guarantee accident at that time.
E. On July 23, 2015, pursuant to the credit guarantee agreement in this case, the Plaintiff subrogated for KRW 184,641,897 in total, and borne KRW 2,304,100 as expenses for preserving the claim, and recovered KRW 53,097 among them.
F. On January 6, 2015, Defendant B shall be the real estate listed in the separate sheet, the sole property of Defendant E (hereinafter “instant real estate”).