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1. Defendant A Co., Ltd and Defendant B jointly and severally against the Plaintiff KRW 215,935,430 and KRW 215,934,937 of the said money.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and the Plaintiff is the Defendant Co., Ltd.
B) As indicated below, a credit guarantee agreement with the effect that the Plaintiff guarantees the Defendant Company’s obligations for loans (hereinafter “instant credit guarantee agreement”).
(B) concluded a contract (after that, the guarantee conditions such as the guaranteed amount were partially changed.
(3) On March 10, 2017, the Defendant Company agreed to pay the Plaintiff a penalty, etc., calculated by multiplying the amount of the performance of the guaranteed obligation, ② the amount of the performance of the guaranteed obligation, ② the amount of the performance of the guaranteed obligation by the rate determined by the Plaintiff from the date of full payment of the guaranteed obligation until the date of full payment of the guaranteed obligation (10% per annum from the date of vicarious payment of the guaranteed obligation), ③ the representative director of the Defendant Company agreed to pay a joint and several liability owed by the Defendant Company to the Plaintiff under the Credit Guarantee Agreement, as of March 17, 2017.
B. (1) The Defendant Company issued a credit guarantee agreement based on the instant credit guarantee agreement and borrowed each of the credit guarantee amounting to KRW 50 million from the Youngdo branch of the Suhyup Bank on March 19, 2009, and KRW 26.20 million on March 26, 2010, respectively. (2) However, around April 19, 2016, the Defendant Company paid a credit guarantee accident (hereinafter “instant guarantee accident”) by subrogation at the Youngdo branch of the Suhyup Bank on August 9, 2016. The Plaintiff subrogated for the amount of KRW 217,737,097 (i.e., principal amount of KRW 215,00,000,000).
3) After that, the Plaintiff collected KRW 1,802,160 from the Defendant Company and appropriated it for interest, and delay in finalized damages is KRW 493. C. Meanwhile, Defendant B’s act of disposing of property, etc., and “the apartment of this case” below real estate listed in the attached list.