Text
1. The defendant shall pay to the plaintiff KRW 33,332,014.
2. The costs of the lawsuit are assessed against the defendant.
3. Paragraph 1 shall be provisionally executed.
Reasons
1. Basic facts
A. On April 4, 2007, two companies approved that the basic terms and conditions for savings bank credit transactions apply, and concluded a credit transaction agreement with the promotion mutual savings bank (hereinafter “promotion mutual savings bank”) at the interest rate of 11 billion won per annum and at the interest rate of 25% per annum and at the interest rate of delay (hereinafter “instant loan”). B companies (hereinafter “B”) were discharged from all the present and future obligations under the above credit transaction agreement on June 2008.
On the other hand, on April 4, 2010, the defendant entered into a comprehensive collateral guarantee agreement with respect to the above loan obligations to the promotion mutual savings bank under B, and with the content that the guarantee limit amount is KRW 1,680,000,000.
B. On November 16, 2012, pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry, the Financial Services Commission rendered a decision to transfer the above bonds of the Promotion Savings Bank to the Plaintiff (a stock company with prior trade names, stock companies, etc.).
C. B delayed the payment of the principal and interest of the above loan obligation to the Plaintiff, and as of February 13, 2015, B did not pay interest and arrears of KRW 333,332,014.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 5 (including virtual number), the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the Defendant, as a joint and several surety for the instant loan obligation, has the obligation to pay the Plaintiff the interest and fee 33,32,014 won.
B. The Defendant’s assertion and judgment 1 concluded a collateral guarantee agreement with the Plaintiff and the instant loan obligations amounting to KRW 1.68 billion, the Defendant agreed to assume liability only when the real estate value offered by B, which is the principal debtor, falls short of KRW 1.688 billion. As long as the Plaintiff received reimbursement of KRW 1.68 billion through the collateral security agreement provided by B, the Defendant bears liability against the Plaintiff.