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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 357,256,090 and KRW 353,649,300 among them.
Reasons
1. Basic facts
A. Defendant B’s relationship 1) From July 19, 2011 to July 29, 2013, Defendant A Co., Ltd. (hereinafter “Defendant Company”).
(2) Defendant C and D are children of Defendant B, and Defendant E is the father of Defendant B.
B. On June 19, 2013, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and the Defendant Company and the occurrence of a guarantee accident (i) an export credit guarantee agreement between the Plaintiff and the Defendant Company with a limit of KRW 350 million (hereinafter “instant credit guarantee agreement”) as the guarantee period from June 21, 2013 to June 20, 2014.
A) At the time, Defendant B, a representative director of the Defendant Company, guaranteed the Defendant Company’s obligation under the instant guarantee agreement. (2) Under the instant guarantee agreement, the Defendant Company borrowed KRW 350 million from a foreign exchange bank on July 4, 2013, but did not pay interest from March 1, 2014.
3 The foreign exchange bank shall notify the plaintiff of the occurrence of a credit guarantee accident on April 4, 2014 and the same year.
5. 8. The performance of the surety obligation was sought.
Accordingly, on the 13th day of the same month, the Plaintiff subrogated 353,649,300 won to the foreign exchange bank, and paid 3,606,790 won as the legal procedure cost for the enforcement and preservation of the above claim for reimbursement.
C. On October 8, 2013, Defendant B, who entered into a mortgage agreement with Defendant B, Defendant C, D, and E, registered the establishment of a collateral on the ground of a mortgage agreement entered into between Defendant C and D on the attached list No. 1, and the same month.
4. Regarding the real estate listed in the attached list No. 2, the registration of establishment of a mortgage on the ground of a contract to establish a mortgage listed in the attached list No. 3, and the registration of establishment of a mortgage on the ground of a contract to establish a mortgage listed in the attached list No. 3 was completed to Defendant E, respectively.
c) the above real estate;