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1. Defendant A, jointly with C and jointly with C and jointly with 260,821,427 won and 258,908,429 won, among them, shall be charged to the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 17, 2015, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “C”) and C Industrial Bank of Korea on a credit guarantee period from March 17, 2015 to March 16, 2016 (hereinafter “the instant credit guarantee agreement”). Since then, the instant credit guarantee agreement was amended to April 28, 2017 by setting the credit guarantee principal as KRW 270,000 (hereinafter “the instant credit guarantee agreement”).
Defendant A, the representative of C, guaranteed the obligation under the credit guarantee agreement of this case against the Plaintiff of C.
B. On March 19, 2015, C extended KRW 300,000 from the Industrial Bank of Korea as collateral for the instant credit guarantee agreement, but on April 3, 2017, C used credit management information for C and lost the benefit of time for the loan. On April 26, 2017, the Industrial Bank of Korea notified the Plaintiff of the credit guarantee accident. Accordingly, on June 8, 2017, the Plaintiff paid KRW 258,908,429 to the Industrial Bank of Korea. 2) The interest rate for delay under the credit guarantee agreement of this case was 10% per annum, and the balance paid by the Plaintiff for the execution, preservation, etc. of credit to C is 1,255,238 won, and the penalty for delay incurred under the credit guarantee agreement of this case is 657,760 won.
C. Defendant A’s contract to establish a mortgage was concluded with Defendant B, who supplied raw materials, etc. to C while operating the “D,” but did not receive the price for the goods from C. (2) Defendant A concluded a mortgage agreement with Defendant B on March 27, 2017 with regard to the real estate indicated in the separate sheet (hereinafter “instant real estate”) which is the only property owned by C as of March 27, 2017 as to the real estate (hereinafter “the instant real estate”), which is the only property owned by C, with the maximum debt amount of KRW 301,00,000, and completed the registration of the establishment of a mortgage with Defendant B as of March 28, 2017.
hereinafter referred to as "the case."