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1. Defendant A and B jointly and severally filed a claim against the Plaintiff for KRW 38,669,492 and KRW 38,291,032 among the claims and claims against the Plaintiff.
Reasons
1. Basic facts
A. On June 20, 201, according to Defendant A’s guarantee request, the Plaintiff concluded a credit guarantee agreement with the amount of security deposit of KRW 25,500,00,000 for general loan for loan, general loan for loan of loan of KRW 15,00,000 for loan of KRW 15,000 for general loan of loan, and general loan of loan of KRW 15,000 for loan of KRW 21, 203, and a credit guarantee agreement with the Busan Bank of Korea (hereinafter “the second credit guarantee agreement”), and issued the written credit guarantee agreement with Defendant A as a joint and several liability to the Plaintiff pursuant to each credit guarantee agreement.
B. According to the above credit guarantee agreement, where the Plaintiff performed the guaranteed obligation, Defendant A shall pay the Plaintiff the amount of the guaranteed obligation, the amount of the repayment of the guaranteed obligation, the amount of damages for delay in accordance with the rate set by the Plaintiff from the date of full payment of the guaranteed obligation to the date of full payment of the guaranteed obligation, additional guarantee fees, claims preservation expenses, etc. The Plaintiff’s rate of damages for delay
C. In accordance with the Plaintiff’s credit guarantee, Defendant A received each loan from the Busan Bank from KRW 30,00,000,000 on June 20, 201, and KRW 15,000 on June 21, 2013, but failed to repay the loan due to the expiration of the loan period, and there was a credit guarantee accident that lost the benefit due on June 18, 2016. On November 10, 2016, the Plaintiff subrogated to the Busan Bank for the principal and interest of KRW 38,291,032 (the principal and interest of KRW 24,650,00 under the Credit Guarantee Agreement and interest of KRW 478,114, and KRW 13,00,00,00 and interest of KRW 162,918 under the Credit Guarantee Agreement).
On the other hand, the plaintiff is 154,120 won and the additional guarantee fee is 224,340 won.
On August 26, 2016, Defendant A entered into a sales contract with Defendant C on the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant sales contract”) and the Jeju District Court.