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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 91,413,109 and KRW 90,609,075 among them.
Reasons
1. Facts of recognition;
A. On September 30, 2013, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a credit guarantee agreement between the Plaintiff with the joint and several guarantee principal of KRW 90 million and the guarantee period from September 30, 2013 to September 29, 2014, with the guarantee period extended by September 29, 2015.
After that, on September 24, 2015, Defendant A, under Defendant B’s joint and several sureties, entered into a credit guarantee agreement between the Plaintiff with the guarantee principal of KRW 90 million and the guarantee period from September 24, 2015 to September 23, 2016.
According to the above credit guarantee agreement, where the Plaintiff discharges the guaranteed obligation due to Defendant A’s failure to perform the principal obligation, Defendant A shall reimburse the amount of the repayment of the guaranteed obligation and the amount of damages calculated at the rate prescribed by the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation.
B. However, Defendant A was unable to pay interest on December 10, 2015, and the Plaintiff subrogated for KRW 91,363,595 to a new bank on March 3, 2016.
However, the remaining amount of the Plaintiff collected part of the same day is KRW 90,609,075, and the fixed amount is KRW 206, and the remaining amount is KRW 803,828, which the Plaintiff recovered part of the amount paid by the Plaintiff in order to preserve the claim for reimbursement due to the said subrogation. The rate of damages determined by the Plaintiff is 10% per annum after February 1, 2016.
C. Meanwhile, Defendant B bears the liability for reimbursement against the Plaintiff as a passive property, and owns only the real estate indicated in D 202-type 1 motor vehicle and each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) with active property as a sales price of KRW 20 million on September 21, 2015 (hereinafter “instant sales contract”), and sells each of the instant real estate to Defendant C (hereinafter “instant sales contract”), and on October 7, 2015.