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1. Defendant A Co., Ltd. and Defendant B jointly and severally against the Plaintiff KRW 258,362,959 and KRW 245,644,242 among them.
Reasons
1. Facts of recognition;
A. On August 25, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and 480,000,000 won out of the amount that the Defendant Co., Ltd. intends to obtain from Nonparty Industrial Bank of Korea (hereinafter “Nonindicted Bank”), was extended from August 25, 2014 to August 23, 2016 as the guaranteed principal, and from August 24, 2015 to August 23, 2016.
B concluded a credit guarantee agreement with the guarantee period (hereinafter “instant credit guarantee agreement”), and Defendant B jointly and severally guaranteed the obligation to be borne by the Defendant Company to the Plaintiff due to the instant credit guarantee agreement.
B. On August 25, 2014, the Plaintiff issued a letter of credit guarantee and the Plaintiff’s loan implementation of Defendant Company issued a letter of credit guarantee in the name of Nonparty Bank in accordance with the instant credit guarantee agreement. Under the instant credit guarantee agreement, the Defendant Company borrowed KRW 600,000,000 from Nonparty Bank as the name of the loan for corporate purchase.
C. A credit accident and the Plaintiff’s subrogation caused a credit guarantee accident on April 26, 2016. The Plaintiff was notified of the credit guarantee accident by Nonparty bank on May 24, 2016. On June 28, 2016, the Plaintiff paid the principal and interest of loan 325,429,461 won ( principal 323,46,672 interest 1,962,789 won) on June 28, 2016. After recovering KRW 79,785,219, and collected KRW 79,785,242 won, and the amount of subrogated payment is 2,268,974 won, and the amount of conclusive damages paid by the Plaintiff is 10,449,743 won.
Attached Form
On February 28, 2016, Defendant B entered into a sales contract and ownership transfer registration with Defendant C for sale of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate No. 1”) for KRW 190,000,000 (hereinafter “instant first sales contract”) as indicated in the separate sheet No. 1 (hereinafter “instant first sales contract”) and on March 15, 2016.