beta
Text
1. Defendant A Incorporated Company and B jointly and severally with the Plaintiff KRW 19,389,248 and KRW 19,378,570 among them.
Reasons
1. Basic facts
A. On March 30, 2017, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant Company A (hereinafter “Defendant Company”) as of March 25, 202 to guarantee the payment of the obligation to repay a loan to the E-Financial Center, setting the amount as KRW 30,000,000, and the term of guarantee as of March 25, 202, with Defendant Company E-Financial Center. Defendant B jointly and severally guaranteed the liability to compensate the Plaintiff under the said credit guarantee agreement as the representative of the Defendant Company.
B. The Defendant Company was granted a loan of KRW 30,000,000 from the Korea Finance Center on March 30, 2017, based on the said credit guarantee form.
Meanwhile, under the credit guarantee contract of this case, when the plaintiff performed the guaranteed obligation on behalf of the defendant company, the amount of performance, the rate set by the plaintiff from the date of performance to the date of repayment, damages for delay calculated by the calculation method, and all other incidental obligations paid by the plaintiff for the preservation of the execution of the claim. The rate of damages for delay determined by the plaintiff is 10% per annum from May 21, 2018 to the date
C. After the closure of the business on August 31, 2019, the Defendant Company lost the benefit of time due to the delay in paying the principal to the said bank on September 26, 2019, and on January 22, 2020, the Plaintiff repaid the amount of KRW 19,598,080 in total with interest on loans and interest on delay to the said bank on January 22, 2020.
Afterward, 219,510 out of the above subrogated amount is KRW 19,378,570 of the remaining subrogated amount due to partial repayment, and damages for delay from January 22, 2020 to January 23, 2020 is KRW 10,678 of the above subrogated amount.
On the other hand, on June 27, 2019, Defendant B entered into a sales contract with Defendant C, setting the sales amount of KRW 225,00,000 with respect to the real estate stated in the separate sheet (hereinafter “instant loan”) which is the only real estate between Defendant C and Defendant C (hereinafter “instant sales contract”), and Defendant C on August 12, 2019.