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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 281,217,08 and KRW 280,012,980 among the Plaintiff and the Plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant Company”) on June 14, 2012.
B) As to the loan of KRW 1,130,00,000 from the new bank by the Defendant Company, the term of guarantee for KRW 1,017,00,000 among them shall be set as of June 12, 2020 and the Credit Guarantee (F) Agreement (hereinafter referred to as the “Credit Guarantee Agreement”).
(2) The Defendant Company agreed to pay the Plaintiff the amount of subrogated payment, damages for delay in accordance with the rate determined by the Plaintiff (current 12%) from the date of subrogation to the date of full payment, and the expenses for the preservation and execution of the claim made by the Plaintiff, when the Plaintiff performed the guaranteed obligation due to the failure to perform the obligation under the credit guarantee agreement in this case.
3) Under the Plaintiff’s guarantee under the instant credit guarantee agreement, the Defendant Company received a loan of KRW 1,130,000 from the new bank on June 15, 2012 (hereinafter “instant loan obligation”).
B) B. Defendant B, the representative director of Defendant B’s joint and several liability under the instant credit guarantee agreement, jointly and severally guaranteed the Defendant Company’s liability for reimbursement against the Plaintiff. (c) On October 23, 2014, as the Defendant Company subrogated for the payment of interest on loans to the new bank on the part of the Plaintiff, the new bank claimed the Plaintiff to discharge the guaranteed liability. The Plaintiff subrogated for the new bank on March 5, 2015 at KRW 280,012,980, and the Plaintiff incurred KRW 1,204,108, expenses for the preservation of claims. (d) Defendant B’s disposal act 1) concluded a mortgage contract with the Defendant on the real estate listed in the attached Table 1 (hereinafter “real estate 1”) owned by the Defendant B (hereinafter “instant maximum claim amount”) on December 24, 2014 and concluded a mortgage contract with the Gwangju District Court (hereinafter “No. 141, Jun. 14, 2014”).