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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 3,801,431 and KRW 3,801,402 among them.
Reasons
1. Facts of recognition;
A. Conclusion of a credit guarantee agreement and joint and several sureties B 1) Defendant A Co., Ltd. (hereinafter “Defendant Company”).
(2) On June 29, 2012, the Plaintiff borrowed KRW 50 million from D Co., Ltd., and the Plaintiff concluded a credit guarantee agreement with a coverage amounting to KRW 50 million in relation to the said loan. (2) Defendant B guaranteed the Defendant Company’s obligation to be borne by the Plaintiff in accordance with the said credit guarantee agreement.
B. The Plaintiff’s subrogation 1) Defendant Company lost the benefit of time due to the Defendant Company’s failure to repay the above loans to D. Accordingly, on August 24, 2016, the Plaintiff subrogated the principal and interest of the said loan amounting to KRW 3,889,962, but recovered KRW 88,560 on August 25, 2016.
C. 1) Defendant B is a real estate listed in the separate sheet (hereinafter “instant apartment”).
(C) On June 10, 2016, the term “mortgage contract” refers to a contract establishing a mortgage (hereinafter referred to as “mortgage contract”) with a mortgagee C and the maximum debt amount of KRW 144 million, which is regarding the mortgagee C and the maximum debt amount.
(2) On the same day, at the time of concluding the instant mortgage agreement, Defendant C had priority over the establishment of a collateral security (hereinafter “Nonindicted Bank”) and the maximum debt amount of KRW 322,80,000,000 for the instant apartment as to the instant apartment at the time of concluding the instant mortgage agreement.
[Grounds for recognition] The entry of Gap evidence Nos. 1 and 12, and the purport of the whole pleadings
2. According to the facts of the determination as to the claim for indemnity, the defendant A and B jointly and severally set forth in the above subrogation to KRW 3,801,431 and KRW 3,801,402 among the amount of indemnity arising from the above subrogation and the amount of KRW 3,801,402 from August 24, 2016 to November 12, 2016, which is the day following the last copy of the complaint of this case, shall be 12% per annum from the next day to the day of full payment.