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Defendant A and B Co., Ltd. are jointly and severally liable to the Plaintiff for KRW 87,378,315 and KRW 86,416,428 among them.
Reasons
1. Basic facts
A. On April 24, 2014, the Plaintiff entered into a credit guarantee agreement and joint and several sureties with Defendant A Co., Ltd. (hereinafter “Defendant A”). On April 24, 2014, with respect to the obligations of loans to the Industrial Bank of Korea of Defendant A, the term of April 23, 2015 is as follows: (i) the number of guarantee E, the principal of guarantee, the term of guarantee, and the term of guarantee; (ii) on April 24, 2014, with respect to the obligations of loans to the Industrial Bank of Korea of Defendant A, the term of guarantee number F, the principal of guarantee, the amount of KRW 42.5 million, and the term of guarantee; and (iii) the Defendant A’s representative director, the Defendant A’s joint and several sureties, as to the obligations under the said credit guarantee agreement that the Plaintiff
D. According to the above credit guarantee agreement, when the plaintiff performs the guaranteed obligation, the defendant A shall pay to the plaintiff the amount of the guaranteed obligation, damages for delay in accordance with the rates set by the plaintiff from the date of performance of the guaranteed obligation to the date of repayment of the guaranteed obligation, and legal procedure expenses incurred in exercising or preserving claims for indemnity, and the rate of delayed damages determined by the plaintiff is 1
B. Around February 28, 2015, the occurrence of a credit guarantee accident and the Plaintiff’s subrogation (i.e., payment of interest on the Industrial Bank of Korea) lost the benefit of the loan due to delayed payment of interest on the loan. On August 7, 2015, the Plaintiff subrogated the Bank of Korea for KRW 86,416,428 of the principal and interest of the loan in subrogation of the Defendant A.
The amount of payment paid by the Plaintiff in relation to the credit guarantee agreement is KRW 710,397, and the penalty to be paid by Defendant A and Defendant B is KRW 251,490.
C. On March 13, 2015, Defendant B and C entered into a mortgage agreement with the mortgagee C, B, and the maximum debt amount at KRW 50 million with respect to real estate listed in the attached Table 1 list owned by the Defendant B on March 13, 2015. On March 16, 2015, Defendant C received the aforementioned mortgage agreement from Jeju District Court on March 16, 2015.