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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 42,783,171 and KRW 41,630,396 among them.
Reasons
1. Facts of recognition;
A. (1) The Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Defendant Company A (hereinafter “Defendant Company”) on July 11, 2017, and entered into a credit guarantee agreement between the Defendant Company and the Defendant Company, which is set forth as the guaranteed amount of KRW 50,000,000,000, the Guarantee Party D Bank (EF), and the Guarantee Period as of July 6, 2022 (hereinafter “the instant credit guarantee agreement”). Defendant B jointly and severally guaranteed the Defendant Company’s obligation owed to the Plaintiff pursuant to the instant credit guarantee agreement.
(2) According to the instant credit guarantee agreement, the Defendant Company is obligated to pay the Plaintiff the guarantee fee, overdue charge, additional guarantee fee, etc., and when the Plaintiff performed the guaranteed obligation, the Defendant Company is obligated to pay the amount of the performance, the interest rate on delay determined by the Plaintiff from the date of performance to the date of repayment, and damages
(3) The rate of damages for delay determined by the Plaintiff is 10% per annum from May 21, 2018.
(4) Under the credit guarantee certificate issued by the Plaintiff, the Defendant Company was loaned KRW 50,000,000 from the D Bank.
B. (1) The Plaintiff’s subrogation (1) lost the benefit of the loan due to delayed payment of the principal and interest of loan on November 14, 2018, and D Bank demanded the Plaintiff to deposit money. The Plaintiff repaid the total amount of KRW 42,303,117 on July 16, 2019.
(2) The Plaintiff recovered KRW 672,721 from the Defendant Company to the amount of 41,630,396 won (=42,303,117 won - 672,721 won). The damages for delay from July 16, 2019 to October 24, 2019, which is the date of subrogation, are KRW 1,152,775 won.
C. On October 19, 2018, the Defendant Company and Defendant C concluded a mortgage contract with Defendant C on October 19, 2018 (hereinafter “instant disposition”), and “ below the real estate listed in the [Attachment] on the same day.”