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1. As to Defendant A and Defendant B’s joint and several liability for KRW 82,627,195 and KRW 82,265,775, respectively, on August 2015.
Reasons
1. Basic facts
A. (1) On May 24, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A (hereinafter “Defendant A”) under the joint and several guarantee of Defendant A, the representative director of the Defendant Company A (hereinafter “Defendant A”), under which the Plaintiff entered into a credit guarantee agreement with the effect that the Defendant A and the Defendant A will provide credit guarantee services by setting the credit guarantee principal of KRW 80 million and the period from May 27, 2013 to May 23, 2014 (hereinafter “the instant credit guarantee agreement”).
(2) Under the credit guarantee agreement of this case, Defendant A was loaned KRW 100 million from a national bank around that time as security with a credit guarantee certificate issued by the Plaintiff.
(hereinafter “instant loan”). B.
(1) The occurrence of a credit guarantee accident and the performance of the guaranteed obligation (1) Defendant A’s check account suspension on March 18, 2015, and the National Bank requested Defendant A to discharge the guaranteed obligation to the Plaintiff due to a credit guarantee accident that occurred as above, and the Plaintiff subrogated for KRW 82,265,775 to the National Bank on August 28, 2015.
(2) As a result of the Plaintiff’s subrogation under the above credit guarantee agreement, a penalty for attempted penalty of KRW 361,420 based on the instant credit guarantee agreement was created, and the agreed interest rate for delay on the amount of subrogation from the date of subrogation is 12% per annum.
C. (1) On October 25, 2014, Defendant B sold the Dongdaemun-gu Seoul Metropolitan Government D Site and Building (hereinafter “instant real estate”) owned by Defendant C in KRW 1.45 billion to Defendant C.
(2) At the time of the instant sales contract, the instant real estate was registered as a debtor Defendant B and the National Bank of Korea, but the sum of the secured debt amount of each of the instant secured claims was KRW 170,000,000, and the Defendant A, the mortgagee E, the F, and the maximum debt amount were KRW 300,000,00,000 as of May 16, 2014.