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1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 38,277,437 and KRW 37,693,358 among them.
Reasons
1. Facts of recognition;
(1) On April 16, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A (hereinafter “Defendant Company”) and the Industrial Bank of Korea (hereinafter “Bank”) on the loans under Defendant B’s joint and several sureties (hereinafter “the Bank”), under which the credit guarantee agreement stipulated on April 15, 202 as the guaranteed amount of KRW 42,50,000,000, and the term of guarantee of April 15, 2020 (hereinafter “the instant credit guarantee agreement”).
D. Since February 21, 2017, the Defendant Company defaulted on the repayment of loans to the Industrial Bank of Korea from around February 21, 2017, and the credit guarantee accident occurred on March 7, 2017. The Plaintiff subrogated on June 7, 2017 to the Industrial Bank of Korea for KRW 37,693,358 (= Principal KRW 37,075,602).
Secondly, at the time of the conclusion of the instant credit guarantee agreement, the Plaintiff and the Defendant paid damages for delay on behalf of the Plaintiff for the performance of the obligation under the credit guarantee agreement. The Plaintiff’s delayed interest rate is 10% per annum, and the attempted penalty until June 7, 2017 is 76,180 won, and the legal procedure expenses incurred by the Plaintiff for the preservation of the Defendant Company were 507,899 won.
x. On the other hand, on January 31, 2017, Defendant B entered into a mortgage agreement with Defendant C on the attached list owned by Defendant B (hereinafter “instant building”) with the maximum debt amount of KRW 110,00,000,00, and the mortgage agreement with Defendant C and Defendant B (hereinafter “mortgage agreement”). On January 31, 2017, Defendant B completed the registration of establishment of a mortgage near the instant building (hereinafter “registration of establishment of a mortgage”).
(v) At the time of the conclusion of the instant mortgage agreement, Defendant B’s property status was as follows, and the negative property exceeded the obligation exceeding the positive property.
(1) The building of this case, the market price of which is 267,00,000 won, is 410,177,150 won in total. 2 The building of this case is 143,177,150 won in Gyeongnam-gun.