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1. As to the Plaintiff, Defendant A and B jointly and severally KRW 84,186,93, as well as KRW 63,468,133, as to the Plaintiff’s KRW 84,186,93.
Reasons
1. Basic facts
A. Each of the Plaintiff’s credit guarantees entered into a credit guarantee agreement between Defendant A and the guarantee limit of 54,00 US dollars 50,00 on September 10, 2015, and the guarantee period of 30,000 from September 30, 2015 to September 29, 2016, and the guarantee limit of 20,000 won on December 14, 2015, and the guarantee period of 20,000 won from December 19, 2012 to December 18, 2016, respectively.
In addition, at the time of the above credit guarantee agreement, Defendant A, the representative director of Defendant A, jointly and severally guaranteed the obligation to be borne by Defendant A to the Plaintiff.
B. (1) Based on the above credit guarantee, Defendant A borrowed USD 54,00 from the Export-Import Bank of Korea, and KRW 20,000 from the D Bank respectively, but did not pay interest and lost the benefit of March 30, 2016. On July 7, 2016, the Plaintiff paid 20,285,130 won to D Bank on August 11, 2016, respectively.
(2) In the above credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, Defendant A paid damages for delay at the rate of the Plaintiff’s rate from the day following the date of performance to the day of full payment, and also paid expenses incurred by the Plaintiff in order to compensate for the claim for reimbursement. Accordingly, the rate of damages for delay determined by the Plaintiff is 11% per annum. Meanwhile, the Plaintiff spent KRW 43,670 to compensate for the claim for reimbursement of the instant amount.
C. (1) On January 7, 2016, Defendant A entered into a contract with Defendant C to sell the instant building at KRW 55 million (hereinafter “instant contract”) and completed the registration of ownership transfer on January 8, 2016.
(2) At the time of the instant sales contract, the instant building was the only real estate of Defendant A, and at the time, Defendant A was in excess of its liability, such as bearing the obligation of KRW 2.2 billion with the financial right.
【Ground for recognition】