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1. Defendant A and B jointly and severally agreed with the Plaintiff KRW 46,255,820 and KRW 45,714,420 among them, respectively.
Reasons
1. Basic facts
A. On June 17, 2014, the Plaintiff entered into an export credit guarantee agreement with the Defendant Company to guarantee the trade fund loans that the Defendant Company would obtain from the Daegu Bank Co., Ltd. (hereinafter “Tgu Bank”) by setting the guarantee limit of KRW 45 million and the guarantee period from June 25, 2014 to June 23, 2017, and the Defendant B jointly and severally guaranteed the Defendant Company’s obligations under the said credit guarantee agreement.
B. On June 25, 2014, Defendant Company submitted a credit guarantee statement under the above credit guarantee agreement and loaned KRW 50 million from Daegu Bank, but did not pay interest thereon on March 26, 2016, Daegu Bank notified the Plaintiff of the occurrence of the accident on April 15, 2016.
Accordingly, the Plaintiff paid KRW 45,714,420 to the Daegu Bank on July 5, 2016, and paid KRW 541,400 to Defendant B for the preservation of the claim against Defendant B.
C. When the Plaintiff and the Defendant Company concluded an export credit guarantee agreement, the Plaintiff and the Defendant Company agreed to reimburse the Plaintiff’s reasonable expenses incurred to discharge the guaranteed obligation and to compensate for the rights, etc., by the method determined by the Plaintiff, and, if delayed, to pay the delayed damages in addition to the rate determined by the Plaintiff. The rate of delay damages determined by the Plaintiff is 11% per annum from July 6, 2016 to January 5, 2017 and 10% per annum from the following day to the date.
On the other hand, on July 8, 2015, Defendant Co., Ltd concluded a mortgage agreement with Defendant C on the instant real property owned as the maximum debt amount of KRW 80,50,000 (hereinafter “instant contract”) and completed the registration of establishment of a neighboring mortgage under Defendant C’s name (hereinafter “registration of establishment of a neighboring mortgage”) on the ground of the said contract.
E. As to each real estate of this case, the Daegu District Court D with Yongdung Branch Branch D, the voluntary auction procedure is below.