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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 95,008,767 as well as KRW 91,902,397 as to the Plaintiff.
Reasons
1. Facts of recognition;
A. (1) On July 28, 2015, the Plaintiff is the Defendant A Co., Ltd. (hereinafter “A”).
(B) In relation to loans from the Industrial Bank of Korea, the credit guarantee agreement between Defendant A and the Industrial Bank of Korea setting forth the principal of the credit guarantee as KRW 90 million (hereinafter “instant credit guarantee agreement”).
(2) On April 2, 2019, the Industrial Bank of Korea notified the Plaintiff that the Defendant A caused a credit guarantee accident, and on November 7, 2019, the Plaintiff subrogated to the Industrial Bank of Korea the principal amounting to KRW 90 million, interest 10 million, interest 1902,397.
3) Meanwhile, the amount of indemnity under the instant credit guarantee contract is KRW 95,008,767 in total (i.e., the subrogated principal of KRW 91,902,397 in total) (i.e., the amount of additional guarantee fee of KRW 380,725,420 in total). In addition, the Defendant A shall pay the subrogated principal plus damages for delay in accordance with the interest rate determined by the Plaintiff. The interest rate for delay is 10% per annum. (ii) the real estate listed in attached Table 1 (hereinafter “real estate 1”).
With respect to the mortgage contract dated September 3, 2018 (hereinafter “instant mortgage contract”).
(1) On September 4, 2018, the registration of the creation of a right to collateral security (hereinafter “registration of the creation of a right to collateral security”) with the Seoul East Eastern District Court KRW 480 million and Defendant C as the right to collateral security (hereinafter “registration of the creation of a right to collateral security”).
C) The registration of transfer of ownership in the name of Defendant D Co., Ltd. (hereinafter “D”) was completed on October 26, 2018 on the following grounds: (a) the respective real estate listed in [Attachment List Nos. 2 through 4 (hereinafter “the instant real estate”) owned by Defendant A (hereinafter “the instant sales contract”); and (b) the sales contract as of October 26, 2018 (hereinafter “the instant sales contract”); and (c) December 24, 2018 on December 24, 2018, by receipt of the registration office of the Gwangju District Court (hereinafter “D”).
2. The remainder of this case.