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1. As to the amount of KRW 435,112,656 and the amount of KRW 431,920,740 among them, Defendant A and B jointly and severally shall be as follows:
Reasons
Basic Facts
A. The Plaintiff concluded a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and issued a credit guarantee agreement (the guaranteed number D, the guaranteed amount of KRW 425,00,000,000, and the guaranteed date of April 10, 2013). Defendant B guaranteed the repayment obligation owed to the Plaintiff by Defendant Co., Ltd.
On April 11, 2013, Defendant Company received a loan of KRW 500,000,000 from the National Bank as security.
B. Around March 23, 2015, Defendant Company caused a credit guarantee accident with natural substances, etc. Accordingly, the Plaintiff subrogated for KRW 431,920,740 in total, including the principal amount of KRW 425,00,000 on June 18, 2015 and interest KRW 6,920,740 on June 18, 2015 upon the request for performance of guaranteed obligations by the National Bank.
C. According to a credit guarantee agreement between the Plaintiff and the Defendant Company, where the Plaintiff performed the guaranteed obligation, damages for delay based on the rate of delay damages set by the Plaintiff from the date of performance to the date of full payment; where the guaranteed party fails to perform his/her obligation within the given period, penalty for attempted penalty shall be imposed; and where there are legal procedure expenses incurred in order to enforce or preserve the claim for reimbursement, the expenses shall be paid, respectively. From June 18, 2015, the rate of delay damages determined by the Plaintiff is 12% per annum; the penalty for attempted delay to be paid by the Defendant Company to the Plaintiff is 1,425,200 won; and the amount which the Defendant Company should pay to the Plaintiff out of the legal procedure expenses is 1
On the other hand, on February 3, 2015, Defendant B entered into a mortgage agreement (hereinafter “instant mortgage agreement”) with Defendant C on the real estate listed in the separate list owned by Defendant B (hereinafter “instant real estate”). On the same day, Defendant C completed the registration of creation of a mortgage on the instant real estate as the maximum debt amount of KRW 72,00,000,000, Defendant B, and Defendant C, Defendant C, who was the mortgagee, with the Busan District Court No. 14106.
E. The instant case.