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1. Defendant A, B, and C are jointly and severally liable to the Plaintiff for KRW 29,258,042 and KRW 28,661,792 among them.
Reasons
1. Facts of recognition;
A. On May 3, 2013, the Plaintiff and the Defendant A Co., Ltd. (hereinafter “A”) concluded a credit guarantee agreement with the Plaintiff providing a credit guarantee of KRW 90 million with the term of guarantee and the term of April 30, 2018, so that the Defendant A may obtain a loan of KRW 100 million from the Nonghyup Bank. However, when the Plaintiff fulfilled the guarantee obligation, the Plaintiff entered into a credit guarantee agreement with the effect that the Plaintiff has a right to indemnity against the ancillary obligation, such as the performance amount, delay damages, and expenses for preserving the claim for indemnity (hereinafter “the credit guarantee agreement in this case”). Defendant B and the Defendant C, the representative director of the Defendant A, were jointly and severally and severally guaranteed the liability for indemnity that Defendant A bears to the Plaintiff pursuant to the said credit guarantee agreement.
B. On April 1, 2017, Defendant A caused a guarantee accident that delayed the repayment of the principal and interest of loan to Nonghyup Bank. On August 11, 2017, the Plaintiff repaid KRW 28,661,792 of the principal and interest of loan, in subrogation of Defendant A, to the Nonghyup Bank, in accordance with the credit guarantee agreement of this case.
Meanwhile, the Plaintiff spent KRW 596,250 as the cost of preserving the claim for indemnity, and the damages for delay applicable to the credit guarantee agreement of this case is 12% per annum after the date of subrogation.
C. On May 4, 2017, Defendant B, a joint and several surety of the instant credit guarantee agreement, completed the registration of transfer of ownership due to the purchase and sale promise of the same date (hereinafter “instant purchase promise”) with Defendant D on May 4, 2017, and completed the registration of transfer of ownership due to Defendant D’s sales contract dated April 26, 2017 (hereinafter “instant sales contract”).
Defendant B did not have any property other than the instant real estate at the time of concluding the instant purchase and sale contract with Defendant D.
[Ground of Recognition] The facts without dispute, Gap evidence Nos. 1 through 7, and this Court against the Seocho-gu Seoul Metropolitan Government Office.