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1. Defendant A corporation, B, and C are jointly and severally liable to the Plaintiff for KRW 193,835,784 and KRW 187,114,457 among them.
Reasons
1. Basic facts
A. (1) On June 12, 2009, Defendant A Co., Ltd. (hereinafter “Defendant A”) received a loan from the Plaintiff and Nonparty E Bank under the credit guarantee, but did not repay the loan. Accordingly, the Plaintiff paid the principal and interest of the loan to the said bank pursuant to the credit guarantee agreement.
(2) The Plaintiff filed a lawsuit against Defendant B and C claiming the amount of indemnity against the Defendant Company and the Plaintiff as Seoul Central District Court Decision 2010Da11482, which jointly and severally guaranteed the obligation of indemnity against the Plaintiff. On March 17, 2010, the said court rendered a ruling that “The Defendant jointly and severally held the Plaintiff KRW 189,582,37 and the amount of said KRW 15% per annum from December 17, 2009 to January 22, 2010 (the delivery date of a duplicate of complaint) and the amount of money calculated at the rate of 20% per annum from the next day to the day of complete payment (the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings)” was finalized as it is.
(3) After that, on December 17, 2009, the Plaintiff received reimbursement of the principal amount of KRW 2,467,920 among the above judgment amount claims, and accordingly, the final delay damages amounted to KRW 1,014.
Meanwhile, the amount of payment by subrogation borne by the Defendants at the time of the above credit guarantee agreement remains in excess of 6,720,313.
B. (1) On April 23, 2019, upon the death of Nonparty F (hereinafter “the deceased”), Defendant D and his/her spouse, G, H, and Defendant C agreed on the division of inherited property with the content that the instant apartment that was owned by the deceased was to be owned by Defendant D’s sole owner, and accordingly, on June 20, 2019, the registration of ownership transfer was completed in Defendant D’s name on the instant apartment.
(2) On April 10, 2020, the establishment registration of the instant apartment was completed prior to the Industrial Bank of Korea, the debtor I Co., Ltd., the maximum debt amount, 60 million won.
(3) Meanwhile, as of September 17, 2020, the market price of the apartment in this case was as of September 17, 2020.