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1.(a)
On December 31, 2014, 1/2 of the real estate listed in attached Table 1 List 2 between the defendant and B is concluded.
Reasons
1. Basic facts
A. The Plaintiff Co., Ltd. (hereinafter referred to as “C”) 1) on November 5, 2014, by November 2014, 2013, (i) 42,50,000 won (hereinafter referred to as “before November 5, 2015”) of the credit guarantee principal for the period of credit guarantee agreement, including the conclusion of a credit guarantee agreement and joint and several sureties, until February 22, 2018, under the 162,00,000 won of the 162,00,000 credit guarantee principal until February 21, 2018 of the 2013 Credit Guarantee Agreement (hereinafter referred to as “C”).
(B) As indicated below, each credit guarantee agreement between the Plaintiff and C (hereinafter referred to as the “each credit guarantee agreement of this case”) with the content that the Plaintiff shall provide a credit guarantee for a loan obligation to C financial institutions.
(B) The Plaintiff, the representative director of C, jointly and severally guaranteed the obligation of C under each credit guarantee agreement of this case. (2) The Plaintiff is a corporate bank (hereinafter “corporate bank”) under each credit guarantee agreement of this case.
A) Each credit guarantee certificate has been issued, and C has been loaned a total of KRW 230,00,000 from an enterprise bank using each of the above credit guarantee certificates. Article 10 (Scope of Repayment) ① When the Plaintiff has performed the guaranteed obligation, the principal and the joint guarantor shall immediately repay the amount falling under any of the following subparagraphs: Provided, That the joint guarantor who is a guarantor under Article 2 (1) of the Special Act on the Protection of Guarantor shall repay to the maximum amount of the guaranteed obligation separately stated:
1. Performance amount of surety obligations;
2. Damages calculated by multiplying the amount under subparagraph 1 by the rate determined by the plaintiff from the date of discharge of the guaranteed obligation until the date of repayment.
3. Expenses for discharge of guarantee obligation; and
4. Expenses incurred in the preservation, transfer and exercise of any right acquired through discharge of guaranteed liabilities;
5. Unpaid guarantee fees, late guarantee fees and penalty;
6. Compensation for delay calculated by multiplying the amount paid under subparagraphs 3 and 4 by the rate prescribed by the plaintiff from the payment date of each expense to the repayment date.
7. The subrogated fee (2) principal and the joint guarantor are as follows.