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1. As to the Plaintiff’s joint and several KRW 100,355,658 and the Plaintiff’s KRW 99,464,428 among the Plaintiff’s cooperatives, Defendant A, and B, respectively.
Reasons
1. Basic facts
A. On March 31, 2010, the Plaintiff entered into a credit guarantee agreement with Defendant B on March 31, 2010, with respect to loans for general corporate driving fund to Defendant A Co., Ltd. (hereinafter “Defendant A Cooperatives was established after dissolution of October 14, 2013”) and the National Bank of the Defendant Union, with the respective guarantee principal of KRW 60 million, the guarantee term of KRW 40 million, the guarantee term of KRW 40 million, and the credit guarantee agreement with the guarantee term of March 31, 201 (after amendment: March 25, 2016).
B. On March 25, 2016, the Plaintiff paid 9,464,428 won to the National Bank on June 14, 2016 as the principal and interest of corporate ordinary driving capital due to the occurrence of a guarantee accident (in arrears with principal).
C. Meanwhile, additional guarantee fees under each of the above credit guarantee agreements are KRW 416,430 (i.e., KRW 166,570). The payment by subrogation is KRW 474,800.
In addition, the rate of damages for delay against the payment by subrogation is 10% per annum after February 1, 2016.
On February 11, 2016, Defendant B entered into a sales contract with Defendant C to sell the instant real estate (which appears to be the only real estate in fact by Defendant B) for KRW 350 million (hereinafter “instant sales contract”) and completed the registration of ownership transfer (hereinafter “instant transfer registration”) on February 29, 2016.
[Ground for recognition] As to Defendant 1: The fact that there is no dispute against Defendant 2 and 3, each of the evidence Nos. 1 through 8 (including branch numbers), and the result of the fact-finding as to the viewing by the court of this case.
2. According to the above facts in determining the Plaintiff’s claim against the Defendant Union and B, the agreement rate of KRW 100,355,658, jointly and severally, to the Plaintiff (i.e., KRW 99,464,428, KRW 416,430, KRW 474,80) and KRW 9,464,428, which is the date of subrogation, is between June 14, 2016 and July 14, 2016.