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1. As to Defendant A and B’s joint and several liability for KRW 135,854,229 and KRW 135,789,139 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on May 28, 2014.
Reasons
1. Basic facts
A. On May 18, 2012, at the request of Defendant A Co., Ltd. (hereinafter “Defendant A”), the Plaintiff issued a credit guarantee certificate for the obligation to repay the principal and interest of loan to be borne by receiving a general loan from a new bank (hereinafter “new bank”). Defendant A submitted the said credit guarantee certificate on the same day and obtained a loan of KRW 135,00,000 from the new bank (hereinafter “instant loan”).
B. The Plaintiff is between Defendant A and Defendant A.
When concluding a credit guarantee agreement, such as Paragraph A, when the plaintiff becomes liable to the new bank for the credit guarantee obligation, the defendant A paid the plaintiff the amount of the performance of the guaranteed obligation and the damages for delay, other guarantee fees, administrative fines, guarantee penalty, etc. based on the rate of damages for delay as determined by the plaintiff (hereinafter “instant guarantee agreement”), and the defendant B, who is the representative director of the defendant A, jointly and severally guaranteed the above obligation that the defendant A bears to the plaintiff (hereinafter “joint and severally guaranteed obligation”).
C. From April 15, 2014, Defendant A failed to pay interest on the instant loan to a new bank. The Plaintiff fulfilled the guaranteed obligation of KRW 135,789,139 on May 28, 2014 upon the request for the performance of the guaranteed obligation of the new bank.
C. The plaintiff
The rate of damages for delay determined by the Plaintiff at the time of the performance of the guaranteed obligation, such as paragraph (1), is 12% per annum, and the guaranteed penalty arising under the instant guarantee agreement is 65,090 won.
E. On April 16, 2014, Defendant B sold real estate listed in the separate sheet (hereinafter “instant apartment”) in the purchase price of KRW 80,00,00,00, which is its sole property, to Defendant C (hereinafter “instant sales contract”). On the day, Defendant C completed the registration of ownership transfer on the instant apartment.
F. On April 22, 2014, Defendant C had Defendant D purchase price of KRW 80,000,000.