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1. As to Defendant A and B’s joint and several liability for KRW 261,316,063 and KRW 260,522,547, as to the Plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff incurred a claim for indemnity on May 15, 2012 (hereinafter “Defendant Company”)
B) As to the Defendant Company’s 300,000,000, out of the 300,000,000 won loaned from our bank, the term of guarantee shall be set by the Plaintiff until May 14, 2013. However, in the event that the Plaintiff pays the Defendant Company’s above loan by subrogation, the Defendant Company entered into a credit guarantee agreement with the effect that the Defendant Company shall pay the Plaintiff the amount of subrogation and the amount of damages calculated at the rate determined by the Plaintiff, and the expenses for compensating the Plaintiff’s claim for the amount of reimbursement paid by the Plaintiff. The Defendant B jointly and severally guaranteed the Defendant Company’s liability for reimbursement pursuant to the above credit guarantee agreement. The term of credit guarantee agreement was finally extended until May 13, 2015.2) On February 21, 2015, Korea Bank requested the Plaintiff to perform the guaranteed obligation under the above credit guarantee agreement, and the Plaintiff claimed against the Plaintiff on June 25, 2015, 2015.
In addition, the Plaintiff spent the amount of KRW 793,516 (i.e., the expense of KRW 1,154,706 - the recovery expense of KRW 361,190) as the expenses for the recovery of the amount of reimbursement by subrogation.
B. As between Defendant B and Defendant C on December 12, 2014, Defendant B concluded a mortgage agreement with regard to each of the instant real estate listed in the separate sheet (hereinafter “instant real estate”) as indicated in Defendant B’s separate sheet (hereinafter “instant contract”), and on February 12, 2015, Defendant C completed the registration of establishment of a mortgage over each of the instant real estate as the cause of the instant contract with the maximum debt amount of KRW 60,000,000 for each of the instant real estate.
(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”). [No dispute exists concerning the basis for recognition, A.