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1. Defendant A and B jointly claim that the Plaintiff filed a complaint and September 20, 2018.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff is Defendant A Co., Ltd. (hereinafter “A”) on March 9, 2017.
(B) In order to guarantee a loan to E Bank and Industrial Bank, Defendant A entered into a credit guarantee agreement with Defendant A, ① the guaranteed amount of KRW 450 million until March 8, 2018, and ② the guaranteed amount of KRW 495 million until March 8, 2018; and ② the credit guarantee agreement with the maturity of the guaranteed amount of KRW 495 million until March 8, 2018 (hereinafter each of the above guarantee agreements referred to as “each of the instant guarantee agreements”).
(2) Under each guarantee agreement of this case, Defendant A and B shall not only pay damages for delay in accordance with the interest rate determined by the Plaintiff from the date of the performance of the guaranteed obligation to the date of full payment, but also pay damages for delay in addition to penalty, etc. under each guarantee agreement of this case.
B.1) On November 13, 2017 and December 9, 2017, Defendant A caused a credit guarantee accident that would lose the benefit of loans as “natural body,” and the Plaintiff paid 460,235,958 won to the E Bank on June 14, 2018, and 503,912,531 won to the Korea Development Bank on June 21, 2018, respectively.2) Meanwhile, the penalty for breach of each of the instant contracts is KRW 3,38,180, the balance of payment by subrogation is KRW 4,364,045, and the interest rate for delay is KRW 10% per annum from February 1, 2016.
C. (1) On December 1, 2017, Defendant B and the real estate indicated in the separate sheet with Defendant C (hereinafter “instant real estate”).
2) On the same day, Defendant C entered into a contract to establish the right to collateral security (hereinafter referred to as the “instant right to collateral security”) with the maximum debt amount of KRW 92,400,000, and completed the registration of establishment of the right to collateral security concerning the instant real estate (hereinafter referred to as the “instant right to collateral security”).
(2) On January 19, 2018, Defendant C entered into a contract to establish a pledge of the right to collateral security with Defendant D on the basis of the maximum debt amount of KRW 63,756,00 with respect to the instant right to collateral security, and on February 12, 2018.