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1. Defendant A and B jointly and severally filed a claim with the Plaintiff for KRW 242,159,93 and KRW 241,780,983 among them, as well as KRW 241,780,983, Oct. 4, 2016.
Reasons
1. Basic facts
A. On December 9, 2008, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant guarantee agreement”) with the Defendant Company A (hereinafter “Defendant Company”) with respect to the obligation of loans to the Defendant Company, Korea Bank (hereinafter “Korea Bank”), as the guaranteed amount of KRW 255,00,000,000, and the guaranteed term of December 8, 2009 (if extended several times thereafter, it will be changed to December 2, 2016).
According to the instant guarantee agreement, when the Plaintiff performed the guaranteed obligation due to the Defendant Company’s failure to perform its obligation to the obligee, the Defendant Company agreed to pay to the Plaintiff the amount of performance, damages calculated at the rate determined by the Plaintiff from the date of subrogation, expenses incurred in the performance of the guaranteed obligation, and expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation. Defendant B jointly and severally guaranteed all the obligation owed to the Plaintiff of the Defendant Company arising
From February 1, 2016, the Plaintiff set the rate of delay damages for the claim for reimbursement due to the subrogation as 10% per annum.
B. As the Defendant Company lost the benefit of time due to the closure of business on September 19, 2016, the Plaintiff subrogated 241,780,983 won to the Bank on October 4, 2016, and the remaining amount up to the present day out of the legal procedure costs incurred by the Plaintiff in order to preserve its claim for reimbursement.
C. On June 13, 2016, Defendant B entered into a contract to donate real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant C, one’s father, as his father (hereinafter “instant gift contract”) (hereinafter “instant real estate”), and completed the registration of ownership transfer to Defendant C on the same day.
At the time of the donation contract of this case, the obligor B, Gyeongnam Bank Co., Ltd. (hereinafter “Gyeongnam Bank”), and the maximum debt amount 12.2.