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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 45,230,519 and KRW 45,230,493 among the Plaintiff and the Plaintiff’s KRW 45,230,493 from December 29, 2016 to February 2017.
Reasons
1. Facts of recognition;
A. On August 12, 201, the Plaintiff entered into a credit guarantee agreement with Defendant A by setting the amount guaranteed as KRW 45,00,000, and the period for credit guarantee as of August 20, 2012, and thereafter extended the period for guarantee under the said credit guarantee agreement until August 4, 2017. Defendant B jointly and severally guaranteed all the obligations owed by Defendant A to the Plaintiff pursuant to the said credit guarantee agreement. (ii) Defendant A obtained a credit guarantee agreement from the Industrial Bank of Korea on August 16, 201, and obtained a loan of KRW 45,00,000 from the Industrial Bank of Korea from the Industrial Bank of Korea, but lost its benefit and caused a credit guarantee accident on November 1, 2016.
3) On December 29, 2016, the Plaintiff subrogated for KRW 45,311,213 to the Industrial Bank of Korea. On the same day, the amount of KRW 80,720 was recovered and the amount of subrogation was KRW 45,230,493, and the amount of final delay damages was 26 won. (B) Defendant A and B borrowed KRW 270,000,000 as business capital from Defendant C for a long period of time, among goods transaction between Defendant B and Defendant C.
Defendant A and B paid 100,000,000 won out of the above borrowed money by cash or goods supply, but did not pay the remainder of 170,000,000 won.
2) Defendant B is the only real estate indicated in the separate sheet (hereinafter “instant real estate”).
As to Defendant C on November 2, 2016, the agreement to establish a right to collateral security (hereinafter “instant contract”) between Defendant C and Defendant C.
(3) At the time when Defendant B entered into the instant mortgage agreement, the instant real estate was located in the amount equivalent to KRW 312,50,000,000 at the market price as active property of Defendant B at the time of entering into the instant mortgage agreement, and is deemed a small property as a small property.