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1. Defendant A Co., Ltd. and B jointly and severally with the Plaintiff KRW 503,075,685 and KRW 496,182,986, as to the Plaintiff.
Reasons
1. Basic facts
A. On September 23, 2009, the Plaintiff entered into a credit guarantee agreement with the Defendant Company on the amount of KRW 100,000,000 loans to the Defendant Company’s Gwangju Bank as the guaranteed amount of KRW 95,00,000,000 per annum, September 20, 2010, and the agreed rate of KRW 12% per annum. Thereafter, the guaranteed amount was KRW 76,50,000, and the guaranteed term was finally changed to September 16, 2015, respectively. 2) The Plaintiff entered into an agreement on the guaranteed amount of KRW 450,000,000 with the Defendant Company and the Gwangju Bank as the guaranteed amount of KRW 450,00,000,00 with the Defendant Company as the guaranteed amount of KRW 405,000,00,000 per annum on March 4, 2013, respectively.
Since then, the period of guarantee was finally changed to March 3, 2015.
3) At each of the above credit guarantee agreements, Defendant B guaranteed the Defendant Company’s liability for indemnity to the Plaintiff according to each of the above credit guarantee agreements. 4) On January 21, 2015, Gwangju Bank requested the Plaintiff to discharge the guaranteed liability as the Defendant Company lost its interest due to delinquency in payment of interest, and the Plaintiff subrogated to the Gwangju Bank for KRW 496,182,986 on August 19, 2015, and the penalty was paid to KRW 4,101,040 and KRW 2,791,659 (=2,982,295 won - recovered amount of KRW 190,636).
B. On April 16, 2013, Defendant B borrowed KRW 40,000,00 from Defendant C by the due date until April 30, 2014. (2) Defendant B, based on the pre-sale agreement as of April 16, 2013, completed the registration of ownership transfer claim as to the real estate listed in paragraphs 2 and 3 of the attached Table (hereinafter “instant real estate”) on May 22, 2014, and completed the registration of ownership transfer claim as to the real estate listed in paragraph (1) of the attached Table on the same day (hereinafter “the instant real estate No. 1”) on the grounds of the pre-sale agreement as of October 30, 2014.
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