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1. The sales contract concluded on February 26, 2019 between the Defendant and B is KRW 48,365,289.
Reasons
1. Basic facts
A. On March 22, 2016, the Plaintiff entered into a guarantee agreement No. 1 with respect to B (i) the Plaintiff’s claim for indemnity and (ii) the subrogated payment agreement with C Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) and entered into a credit guarantee agreement with each of the maximum transaction periods stipulated as “300,000,000 won” and “from March 22, 2016 to March 21, 2017” (hereinafter “the first guarantee agreement”) and jointly and severally guaranteed the obligation of Non-Party B, the representative director of the Non-Party Co., Ltd. under the first guarantee agreement with the Plaintiff.
In accordance with the first guarantee agreement on the same day, the non-party company received the guarantee obligation from the plaintiff from the non-party company "D (hereinafter "D") and submitted it to D on March 21, 2017 with the credit guarantee term "the guarantee term" in accordance with the electronic commerce contract entered into between the non-party company and the non-party company.
Since then, the term of guarantee of the first guarantee agreement was changed to March 21, 2019.
B) On or around April 8, 2019, pursuant to the first guarantee agreement, the Plaintiff subrogated for KRW 44,254,820 to D. (2) On or around March 8, 2018, the Plaintiff concluded a second guarantee agreement and subrogated for the payment of the loan amounting to KRW 235,450,00, and the period of guarantee stipulated in the second guarantee agreement as of March 7, 2019 (hereinafter “the second guarantee agreement”).
(B) Around March 14, 2019, the Industrial Bank of Korea issued a credit guarantee agreement under Article 2 to the Plaintiff on the same day and received a loan of KRW 277,00,000 from the Industrial Bank of Korea. (B) Around March 14, 2019, the Industrial Bank of Korea notified the Plaintiff of the credit guarantee accident that the non-party company delayed the principal and caused the guarantee accident (hereinafter “the instant guarantee accident”).