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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 183,364,850 and KRW 181,817,060 among them, respectively.
Reasons
1. Basic facts
A. On October 25, 2013, the Plaintiff entered into an export credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) with a credit guarantee limit of KRW 180,00,000, and the guarantee period of KRW 28,000 from October 28, 2013 to October 27, 2015, and pursuant to the said agreement, the Plaintiff jointly and severally guaranteed all obligations owed by Defendant A to the Plaintiff according to the instant credit guarantee agreement as the representative of Defendant A.
B. Defendant A submitted the export credit guarantee certificate issued by the Plaintiff to Korea Bank Co., Ltd. (hereinafter “Korea Bank”), and borrowed KRW 200 million from Korea Bank.
C. On January 29, 2015, Defendant A caused an export credit guarantee accident due to the suspension of current account transactions. On April 28, 2015, the Plaintiff performed the guaranteed obligation by paying the principal amount of KRW 181,817,060 (i.e., the principal amount of KRW 180,000,000,000, KRW 1,817,060, and KRW 10) on behalf of the Bank, and disbursed KRW 1,547,790 as substitute payment to compensate the said claim.
On February 6, 2015, Defendant C (hereinafter “Defendant C”) completed, on December 31, 2014, the registration of transfer of superficies (hereinafter “the instant registration of transfer of superficies”) under Article 2804 of the receipt of the said registry office on the ground of a final claim transfer contract (hereinafter “instant contract”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) on December 6, 2015, as the Daejeon District Court’s receipt of the registration office of Taeanan District Court (hereinafter “instant registration of transfer of superficies”) on December 31, 2014, as the registration of transfer of superficies (hereinafter “instant registration of transfer of superficies”).
E. The assignment of claims in this case refers to the assignment of claims in attached Form and the transfer contract below.