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Defendant A and Defendant B jointly and severally against the Plaintiff KRW 20,681,970 and KRW 20,273,60,00 among them.
Reasons
1. Facts of recognition;
A. On November 1, 2012, the Plaintiff entered into a credit guarantee agreement (hereinafter referred to as the “instant agreement”) with Defendant A who operates an individual enterprise under Defendant B’s joint and several sureties, which provides a credit guarantee agreement between November 1, 2012 and October 31, 2013 (hereinafter “instant agreement”). On the same day, according to the instant agreement, the Plaintiff issued to Defendant A a credit guarantee agreement with the amount of KRW 20 million (20 million and KRW 100%) and the guarantee period on October 31, 2013 (this period was changed twice, and finally extended by October 30, 2015). Defendant A bank obtained loans from Busan as collateral and obtained loans of KRW 20 million (hereinafter “instant loan”).
B. According to the instant agreement, when the Plaintiff performed the guaranteed obligation, the debtor and the joint guarantor agreed to reimburse the amount of performance of the guaranteed obligation, damages in accordance with the interest rate set by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, and expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, and
C. After that, on June 11, 2015, the Plaintiff was notified from the Busan Bank that Defendant A caused a credit guarantee accident due to a loss of the benefit of time on June 11, 2015. Accordingly, on September 23, 2015, the Plaintiff subrogated to the Busan Bank for the total amount of KRW 20,273,60 (= Principal amount of KRW 20,000,000) (= interest of KRW 273,600).
The remainder of the expenses incurred in preserving claims under the instant case is KRW 408,370.
E. On March 18, 2015, Defendant B entered into a sales contract with Defendant C Co., Ltd. (hereinafter “Defendant C”) with respect to the real estate listed on the separate sheet owned by Defendant C (hereinafter “instant land”) (hereinafter “instant sales contract”), and pursuant to the instant sales contract following the date.