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1. The monetary loan agreement concluded on September 11, 201 between Nonparty C and Defendant A is within the scope of KRW 11,56,901.
Reasons
1. Facts of recognition;
A. Nonparty C provided a credit guarantee for the professional mixing industry, Co., Ltd. on and around June 28, 2007 and December 16, 2008, Nonparty C provided a joint and several guarantee as to the liability for indemnity that the said company owes to the Plaintiff under a credit guarantee agreement.
The above company used the Plaintiff’s credit guarantee to obtain a total of KRW 408,00,00 ( KRW 255,000,000,000,000 related to the second guarantee) from the Gyeongnam bank. On September 14, 2012, the above company suffered a guarantee accident that caused loss of the interest due to the loan obligation, and the Plaintiff paid a total of KRW 417,306,100,00 ( KRW 156,727,540,00,000,000,000) to the Gyeongnam Bank on January 4, 2013, the Plaintiff paid a total of KRW 417,306,100,00 (the first guarantee 260,578,560,000,000,000) to pay for legal procedure expenses, and KRW 167,670,000.
B. On September 11, 2012, Defendant A entered into a monetary loan agreement with Nonparty C, setting forth and lent KRW 90,000,000 to Nonparty C at interest rate of 8% per annum, and, in the event that the said loan is not repaid, Defendant A entered into a notarial deed recognizing that there is no objection even if compulsory execution was conducted (No. 1228, 201).
Defendant A, based on this, filed an application with the Changwon District Court 2012TT 8091 for the attachment and assignment order of the debtor C and the third debtor C and the third debtor at Gyeongnam. On September 28, 2012, C received an attachment and assignment order with respect to the benefits, etc. held by Gyeongnam-do, and the order reached 10:42 on October 4, 2012 and confirmed on October 17, 2012.
C. On September 11, 2012, Defendant B entered into a monetary loan agreement with Nonparty C, and drafted a notarial deed stating that there is no objection even if compulsory execution is conducted in case of nonperformance of the agreement to pay KRW 218,963,00 to C by September 14, 2012 and pay the interest rate of KRW 24% per annum (No. 2012, No. 12277).
Defendant B shall do so.