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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 421,179,905 and KRW 419,893,832 among them.
Reasons
1. Basic facts
A. A. The credit guarantee agreement and subrogation (1) the Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into an agreement with the Plaintiff, ① the amount of KRW 285 million with the guaranteed principal on December 24, 2009, and up to December 23, 2010 (finally changed to December 20, 2013). By December 15, 2012, the amount of KRW 12750,000 with the guaranteed principal on June 15, 2012 and the due date of the credit guarantee was changed to June 14, 2013 (the period until June 5, 2013). The credit guarantee agreement was received from the Korea Bank (hereinafter “Korea Bank”), respectively, pursuant to the credit guarantee of KRW 100,000,000,000,000,0000 until December 13, 2014, 2009.
Defendant B jointly and severally guaranteed the obligation to be borne by the Defendant Company to the Plaintiff in accordance with the aforementioned credit guarantee agreement.
(2) On November 20, 2013, Defendant Company lost the benefit of the time limit for the above loan obligations by delinquency in interest payment.
Accordingly, on February 20, 2014, the Plaintiff subrogated for 420,085,994 won in total to our bank. Among them, 192,162 won was recovered, and the balance of the subrogated principal was 419,893,832 won, and the fixed delay delay damages amount was 63 won, penalty 1,286,010 won.
B. On May 31, 2013, Defendant Company entered into a sales contract with Defendant C on the real estate listed in the separate sheet (hereinafter “instant real estate”) with the purchase price of KRW 96 million (hereinafter “instant sales contract”) and completed the registration of ownership transfer with Defendant C on June 3, 2013.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. According to the facts of the recognition of the claim for reimbursement against the Defendant Company and B, the Defendant Company and B jointly and severally concluded with the Plaintiff KRW 421,179,905 (i.e., the balance of the subrogated principal KRW 419,893,832) (i.e., KRW 63 won for delay delay damages of KRW 1,286,010), and the said KRW 419,893,832, which is the date of subrogation, as of February 20, 2014.