beta
Text
1. Defendants A and B shall jointly and severally pay to the Plaintiff KRW 75,655,445 and the interest rate thereon from April 23, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On May 28, 2010, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A, who runs a Do driving school, to guarantee the payment of the principal and interest of the loan by Han Bank (around 128,000,000 won of the guaranteed principal and interest (around 28,000,000 won), and by May 27, 2011 of the guaranteed term (i.e., until October 23, 2015) (hereinafter referred to as “the instant credit guarantee agreement”).
Defendant B jointly and severally guaranteed all the Defendant A’s obligations arising out of the instant credit guarantee agreement.
Defendant A received money from a single bank as collateral of the said guarantee.
B. On October 29, 2015, Han Bank notified Defendant A of the occurrence of a credit guarantee accident due to “non-smoking enterprise”. On November 23, 2015, the Plaintiff subrogated for KRW 128,956,317 to Han Bank on behalf of the Plaintiff pursuant to the instant credit guarantee agreement.
Since November 27, 2015, the Plaintiff recovered KRW 119,466 on November 27, 2015 (the remaining amount of KRW 128,836,851), the claim for the finalized damages of KRW 196, and the penalty of KRW 19,890 was generated.
(Total Amounting to KRW 129,036,937 = Amounting to KRW 128,836,851 (amounting to KRW 199,890). The interest rate on delay damages is 12% per annum from November 23, 2015 to January 31, 2016, and is 10% per annum from the following day.
C. On October 6, 2015, Defendant A completed the registration of ownership transfer to Defendant C on the ground of the sales contract (hereinafter “instant sales contract”) dated September 18, 2015 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).
At the time of the instant sales contract, Defendant A’s active property is due to the instant real estate, and as a small property, there was a loan obligation of KRW 121,00,000 to the new bank.
E. Meanwhile, the G Building No. 601 (G building No. 601) located in Suwon-si E and F owned by Defendant B is only called “G building No. 601.”