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1. As to the Plaintiff, Defendant A and Defendant B jointly and severally KRW 81,748,593 and KRW 77,631,773 among them, September 2016.
Reasons
1. Basic facts
A. On June 11, 2015, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “J”) on a company-general loan agreement of KRW 90 million. Accordingly, on June 12, 2015, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) on the money to be loaned by Defendant Co., Ltd. and issued a credit guarantee agreement to I.
B. On June 12, 2015, Defendant B guaranteed all obligations owed by the Defendant Company to the Plaintiff with respect to the foregoing arrangement concluded between the Plaintiff and the Defendant Company.
C. Since May 25, 2016, the Defendant Company suspended current account transactions as of May 25, 2016, causing a credit guarantee accident. The Plaintiff subrogated for KRW 77,631,773 to J on September 7, 2016 in accordance with the instant credit guarantee agreement.
In order to preserve the claim against the defendant company and B, the plaintiff additionally incurred 3,747,950 won by subrogation with legal procedure expenses, such as provisional attachment of the property of the defendant company and B, and 368,870 won by failure of the defendant company to perform the principal obligation.
On the other hand, according to the credit guarantee agreement in this case, the overdue interest rate prescribed by the articles of incorporation was 12% per annum, but was changed from January 1, 2018 to 10% per annum.
Defendant B omitted, on November 3, 2015, each of the real estate listed in the separate sheet Nos. 1 and 2 in the separate sheet Nos. 1 and 2, and “in accordance with the sequence No. 1” is the real estate of this case.
Among the 4/10 shares, H entered into a sales contract with the defendant C with respect to the 1/10 shares, and the 1/10 shares was entered into. The reason was that the 1/10 shares was that the 1/10 shares, and the 201236 and 201237 shares transfer registration was completed on December 3, 2015.
E. On May 3, 2016, Defendant B entered into a sales contract with Defendant D with respect to the instant third real estate on May 3, 2016 and entered into the said sales contract (hereinafter referred to as “instant sales contract”).