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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 727,025,091 and KRW 727,022,758 among them.
Reasons
1. The following facts are found to be without dispute between the parties or recognized by considering the overall purport of the pleadings as a whole in each entry in Gap evidence 1 to 6 (including each number for which the number has been set out):
A. 1) Defendant A Co., Ltd. (former trade name: D; hereinafter “Defendant Company”)
A) A credit guarantee agreement between the Plaintiff and the Plaintiff on June 24, 201 (hereinafter referred to as the “instant credit guarantee agreement”) between June 201, 201 and between June 22, 201 and June 22, 2012 (hereinafter referred to as the “instant credit guarantee agreement”).
(2) Upon entering into the aforementioned credit guarantee agreement, the Defendant Company agreed to pay the amount of subrogation to the Plaintiff and damages for delay in accordance with the rate determined by the Plaintiff (12% per annum from December 1, 2012) in the event that the Defendant Company was unable to repay the loan due to its failure to do so, and Defendant B jointly and severally guaranteed all the obligations owed by the Defendant Company to the Plaintiff pursuant to the said credit guarantee agreement.
B. A credit guarantee accident occurred and the Plaintiff’s subrogation 1) around June 24, 201, the Defendant Company received a loan of KRW 900 million from one bank as collateral under the credit guarantee agreement issued by the Plaintiff pursuant to the above credit guarantee agreement. On September 28, 2012, the Plaintiff incurred a credit guarantee accident due to delinquency in payment of the loan principal and interest to Han Bank. (2) On December 13, 2012, the Plaintiff paid to Han Bank the Defendant Company the outstanding principal and interest of KRW 734,120,472 on behalf of the Defendant Company and recovered KRW 7,097,714 out of the principal of subrogation on the same day.
3) Also, the amount of finalized damages for KRW 7,097,714 recovered by the Plaintiff as above is KRW 2,333. C. Defendant B’s act of disposing of property by Defendant B around August 9, 2012, as to each real estate indicated in the separate sheet owned by himself/herself (hereinafter “instant sales contract”) with Defendant C (hereinafter “instant sales contract”).
the 13th of the same month.