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1. Defendant A and Defendant (Appointed Party B) are jointly and severally liable to the Plaintiff.
(a) 78,157,609 Won and 75,000,000 among them;
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a credit transaction agreement with Nonparty D Co., Ltd. (hereinafter “D”), (i) on September 11, 2009, set the credit amount of KRW 500 million (the expiration date was determined as of August 4, 2017 by the final agreement of change and additional agreement of trading concluded thereafter; hereinafter “instant agreement”); (ii) on June 3, 2016, the credit amount of KRW 500 million; and (iii) on June 3, 2016, the credit transaction agreement between June 3, 2016 and June 3, 2017 (hereinafter “second agreement”).
As to this, Defendant A and Defendant B (Appointed Party B) (hereinafter referred to as “Defendant B” in paragraphs (1) and (2)) jointly and severally guaranteed the loan obligations under the instant arrangement within the limit of KRW 90 million, respectively, within the limit of KRW 10 million.
Meanwhile, according to the final agreement on the modification and addition of the terms and conditions of each of the above agreements, the interest rate on delay of the first agreement is 9.85% per annum and 11% per annum.
B. D, on June 6, 2017, failed to repay the loan obligations under the Agreement within the credit period, D lost the interest of the time limit for each of the above loan obligations.
C. The balance of the loan obligation under the arrangement is KRW 78,157,609 as of August 23, 2017 (i.e., the principal amount of KRW 75 million KRW 3,157,609) and the balance of the loan obligation under the agreement under Article 2 is KRW 383,44,931 as of the same day (i.e., the principal amount of KRW 377,184,502 KRW 6,260,429).
Meanwhile, Defendant B’s spouse, C completed the registration of ownership transfer under No. 15591 received on February 9, 2017 due to the gift on February 9, 2017 with respect to 1/2 shares of the real estate listed in the separate sheet (hereinafter “instant real estate”), but on June 28, 2017, he/she recovered ownership by completing the registration of ownership transfer registration under the receipt of No. 76469 on June 28, 2017.
【Ground of recognition】 There is no dispute;