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1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 995,861,479, and KRW 993,592,92,925, as to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”); ① the credit guarantee amount of 270,000,000 won on February 17, 2015; and the credit guarantee period of 20,000 won from February 17, 2015 to February 16, 2016; ② the credit guarantee amount of 1,00,000,000 won on July 1, 2016; and the credit guarantee period of 20,000 won from March 28, 2016 to March 27, 2018 (hereinafter “each of the instant credit guarantee agreements”); and, at the time of entering into each of the said credit guarantee agreements, Defendant B and C jointly and severally guaranteed the Plaintiff’s debt to the Plaintiff.
B. Defendant A received a total of KRW 1,100,000 from the F Bank as a credit guarantee agreement of this case, and thereafter, Defendant A did not pay the principal and interest of loan thereafter, Defendant A subrogated to F Bank on October 20, 2017 KRW 996,865,544 as the principal and interest of loan. The interest rate on delay for subrogated payment under each credit guarantee agreement of this case is 12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from the following day.
Among them, 3,272,619 won was recovered, and 896 won was paid for the amount collected.
2,267,658 won was disbursed as the cost of preserving the claim.
C. Meanwhile, on June 15, 2017, Defendant C entered into a mortgage agreement with Defendant D on “1597 square meters prior to Sinju-si, E” and on the ground thereof, the registration of the establishment of a neighboring mortgage was completed as of June 15, 2017, as of the above real estate as the receipt of No. 30159, Jun. 15, 2017.
【Defendant A, B: Each entry of Gap evidence Nos. 1 through 3 (including additional numbers), the whole purport of the pleadings, defendant C, and D: Confession (Article 150(3) of the Civil Procedure Act)
2. According to the above facts of recognition as to the claims against Defendant A, B, and C, Defendant A as the primary debtor of each credit guarantee agreement of this case, and Defendant B and C as a joint and several surety, together with the amount of subrogation, etc. under each credit guarantee agreement of this case, = KRW 95,861,479.