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1. Defendant A Co., Ltd. and B jointly and severally against the Plaintiff KRW 88,426,020 and KRW 86,941,423 among them, respectively.
Reasons
1. Basic facts
A. 1) The Plaintiff entered into a credit guarantee agreement on December 10, 2014, and Defendant A Co., Ltd. (hereinafter “Defendant Company”).
(E) A Co., Ltd. (hereinafter “E”)
(B) In obtaining a loan from the Defendant Company, the credit guarantee principal amounting to KRW 90,00,000 and the credit guarantee term was changed on December 8, 2015 (the former guarantee term was changed on December 7, 2017).
)a credit guarantee agreement (hereinafter referred to as “instant credit guarantee agreement”)
(2) According to the credit guarantee agreement of this case, when the plaintiff performs the guaranteed obligation under the credit guarantee agreement of this case on the same day, the defendant company entered into an agreement with the plaintiff to reimburse ① the amount of the guaranteed obligation and the amount of damages determined by the plaintiff from the date of performance of the guaranteed obligation to the date of repayment, ② the expenses incurred in the performance of the guaranteed obligation, ③ the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, ④ the unpaid guarantee fee, arrears guarantee fee, additional guarantee fee, etc., ④ the rate of damages determined by the plaintiff from February 1, 2018 to the date of the credit guarantee agreement of this case is 10% per annum, and the defendant B jointly and severally guaranteed all obligations under
B. On December 7, 2017, the Plaintiff’s subrogated Defendant Company lost the benefit of the due date for loans to E due to delinquency in principal, thereby causing a credit guarantee accident. Based on the instant credit guarantee agreement, the Plaintiff subrogated for KRW 86,941,423 on April 16, 2018.
The plaintiff paid KRW 73,577 to the cost of preserving the right acquired through the performance of the guaranteed obligation, and the additional guarantee fee is KRW 751,020.
C. On December 15, 2017, Defendant B entered into a sales contract and cancelled registration of the establishment of a neighboring mortgage (hereinafter “instant real estate”) with Defendant C, Kimpo-si, Kimpo-si, 3,750 square meters (hereinafter “instant real estate”).
(2) The sales contract of this case for sale of 350,000,000 won (hereinafter “instant sales contract”).
(2) Defendant B entered into a contract on December 18, 2017.