beta
Text
1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 91,286,952 and KRW 91,128,802 among them.
Reasons
1. Facts of recognition;
A. (1) On October 15, 2014, Defendant A Co., Ltd. (hereinafter “Defendant A”) concluded a credit guarantee agreement between the Plaintiff and the Plaintiff regarding the principal guaranteed (hereinafter “the instant credit guarantee agreement”) from October 15, 2014 to October 14, 2015 in order to guarantee the payment of loans that have been loaned by the Industrial Bank of Korea. Defendant B jointly and severally guaranteed the Defendant A’s obligation to the Plaintiff under the instant credit guarantee agreement.
(2) Defendant A submitted a credit guarantee statement under the instant credit guarantee agreement and received a loan of KRW 100 million from the Industrial Bank of Korea, resulting in a credit guarantee accident by delinquency in payment of interest on May 7, 2015.
Accordingly, on June 16, 2015, the Plaintiff subrogated for KRW 91,128,802 to the Industrial Bank of Korea in accordance with the instant credit guarantee agreement, and paid KRW 158,150 as substitute payments.
(3) According to the instant credit guarantee agreement, Defendant A provides that the amount of the performance of the guaranteed obligation to the Plaintiff, and damages for delay, substitute payments, and legal procedural costs determined by the Plaintiff from the date the guaranteed obligation is discharged to the date of repayment. The interest rate for delay determined by the Plaintiff after June 16, 2015 is 12% per annum.
B. Defendant B, a representative director of Defendant A, and a joint and several surety under the credit guarantee agreement of this case, was concluded with regard to the attached real estate (hereinafter “instant real estate”) as the only real estate owned by the Defendant, which is owned by the Defendant, in excess of the debt equivalent to KRW 170 million on April 2, 2015, the active property amounting to KRW 290 million, and KRW 150,000,000 with respect to the attached property (hereinafter “instant real estate”), which is the only real estate owned by the Defendant, between the Defendant and the nature, and the mortgage contract with the obligor B (hereinafter “instant mortgage contract”). The Busan District Court Decision 2787, Apr. 3, 2015, which was received on April 3, 2015.