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1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 9,482,032 and KRW 9,408,252 among them.
Reasons
1. Facts of recognition;
A. On March 11, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A with the content of the guaranteed amount of KRW 17,000,000,000, and the term of guarantee as of March 5, 2021 (hereinafter “instant credit guarantee agreement”), and issued a credit guarantee certificate to Defendant A.
B. Meanwhile, in the event that the Plaintiff fulfilled the credit guarantee obligation under the credit guarantee agreement of this case, Defendant A Co., Ltd. jointly and severally guaranteed the obligation of indemnity to be borne by the Plaintiff.
C. Under the credit guarantee agreement of this case, Defendant A Co., Ltd. was granted a loan from D Bank amounting to KRW 20 million.
After that, from February 6, 2019, Defendant A lost the benefit of time due to the delay in payment of interest to D Bank (the occurrence of a credit guarantee accident). The Plaintiff subrogated KRW 9,408,252 to D Bank on June 28, 2019 upon the request for performance of guaranteed obligation by D Bank. The legal procedure cost incurred by the Plaintiff for the preservation of indemnity claim is KRW 73,780.
E. When the Plaintiff performed the guaranteed obligation at the time of the credit guarantee agreement of this case, Defendant A Co., Ltd. agreed to pay to the Plaintiff the amount paid by the Plaintiff for the performance of the guaranteed obligation, damages for delay in accordance with the rate determined by the Plaintiff from the date of subrogation to the date of repayment, and expenses incurred by the Plaintiff for the performance of the guaranteed obligation. The rate of damages for delay determined by the Plaintiff
F. Meanwhile, on May 3, 2018, Defendant B entered into a donation agreement with Defendant C, a partner, to donate the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant donation agreement”), and on May 4, 2018, Defendant C completed the registration of ownership transfer on the instant real estate based on the said donation in the future.
(g) The registration of ownership transfer has been made.