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1. As to the Plaintiff’s joint and several costs of KRW 241,318,137 and KRW 201,810,036, Defendant A and B, respectively, from April 27, 2015, and 38.
Reasons
1. Facts of recognition;
A. Defendant A, while operating a gas station in each real estate listed in the separate sheet (hereinafter “instant real estate”) with Defendant B along with Defendant B, was loaned KRW 50,000,000 from an enterprise bank on March 18, 201 by the due date for repayment until March 16, 2012 (hereinafter “instant first loan”). On the same day, the Plaintiff issued a credit guarantee certificate by March 16, 2012 with respect to Defendant A’s obligation for the first loan of this case by March 16, 2012 (hereinafter “credit guarantee agreement”), and Defendant B jointly and severally guaranteed Defendant A’s liability for indemnity against the Plaintiff under the credit guarantee agreement under Article 1 of the instant credit guarantee agreement.
After that, the repayment period of the first loan and the guarantee period under the first credit guarantee agreement of this case were changed to March 13, 2015, respectively.
B. On June 23, 2014, Defendant A obtained a loan of KRW 233,781,067 from the Han Bank as of June 22, 2015 (hereinafter “instant second loan”); Defendant A, including the instant first and second loans, issued a credit guarantee agreement by June 22, 2015 with respect to Defendant A’s obligations for the instant second loan by June 22, 2015 (hereinafter “instant second credit guarantee agreement”); and Defendant B, on the same day, jointly and severally guaranteed the Defendant A’s obligation to compensate the Plaintiff under the credit guarantee agreement under the instant second credit guarantee agreement.
C. On January 26, 2015, Defendant A lost the benefit of each of the instant loans due to the closure of a place of business. On April 27, 2015, the Plaintiff, on behalf of Defendant A, repaid KRW 202,267,346 of the instant principal and interest of the instant loans to Han Bank, and KRW 38,304,949 of the instant principal and interest of the instant loans to a corporate bank on May 29, 2015.
On the other hand, on April 27, 2015, the Plaintiff recovered KRW 457,310 from Defendant A to the second loan.