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1. Defendant A, B, C, and D Co., Ltd. shall be jointly and severally held against the Plaintiff KRW 99,779,092 and KRW 95,838,285 among them.
Reasons
1. Basic facts
A. 1) On April 20, 2012, the Plaintiff entered into a credit guarantee agreement, etc., and on April 20, 2012, the Defendant A Co., Ltd. (former trade name: F.; hereinafter “Defendant A”).
B) On the same day, Defendant A received from the Bank 1.3 billion won (hereinafter “instant loan”).
(i) In relation to the credit guarantee agreement of April 19, 202 (hereinafter referred to as the “credit guarantee agreement of this case”), the coverage amount of 1170 million won (90%) and the credit guarantee agreement of April 19, 202 (hereinafter referred to as the “guarantee Agreement”).
(2) Defendant B, C, and D Co., Ltd. jointly and severally guaranteed the repayment obligation to be borne by Defendant A under the said credit guarantee agreement. According to the instant credit guarantee agreement, if Defendant A was unable to repay the instant loan, and the Plaintiff’s subrogation was made, the amount of damages calculated by subrogation and the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment (10% per annum from February 1, 2016 to the date of repayment), and the expenses incurred by the Plaintiff in the preservation, transfer, and exercise of the right acquired by the Plaintiff as the performance of the guaranteed obligation, and the penalty, etc. are to be reimbursed. (2) On the other hand, the bank immediately after the instant loan, on April 25, 2012, when the real estate stated in attached Table 1 Section 1, which is the site of Defendant A’s workplace, was changed to the land category of H 67 square meters and four lots at the time, and the remaining land for factory was merged into the land for factory on November 12, 2012.
The maximum debt amount of 1.56 billion won was set up, and the Defendant A newly constructed each factory building listed in [Attachment 1] Nos. 2 and 3 of [Attachment 1] on the said land and added each of the above real estate as joint collateral on July 12, 2012, on December 11, 2012.
(hereinafter referred to as "the factory of this case" by referring to each real estate listed in the separate sheet No. 1 list, and hereinafter referred to as "the factory of this case" collectively as "the factory of this case".