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1. As to Defendant A and B’s joint and several costs of KRW 33,168,644 and KRW 32,587,59, among the costs, from October 18, 2018 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a credit guarantee agreement and issued a credit guarantee agreement in Defendant A according to Defendant A’s credit guarantee request. Defendant B jointly and severally guaranteed Defendant A’s obligation under the said credit guarantee agreement.
(hereinafter “instant credit guarantee agreement”). B GHF
B. According to the instant credit guarantee agreement, upon the Plaintiff’s performance of the guaranteed obligation, Defendant A paid to the Plaintiff the amount of the guaranteed obligation, the amount of the repayment of the guaranteed obligation, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the performance, preservation, transfer and exercise of the right to purchase or acquire as the performance of the guaranteed obligation, the unpaid guarantee fee, overdue guarantee fee, additional guarantee fee, etc. The rate of the damages for delay determined by the Plaintiff is 10% per annum from October 1, 2018, and the rate of additional guarantee fee is 1.
C. Defendant A obtained a loan from a financial institution as follows as security.
F F
D. Defendant A, on June 23, 2018, lost the benefit of time due to delayed repayment of the obligation to repay the principal and interest of loans, etc. determined between the above lending institution, etc., and a credit guarantee accident occurred to the above Defendant.
E. On October 18, 2018, the Plaintiff subrogated the said financial institution for KRW 32,587,59 of the total amount of principal and interest, upon the said financial institution’s request for the performance of guaranteed liability.
F. Of the legal procedure costs under the instant credit guarantee agreement, KRW 434,035 remains, and there are additional guarantee fees of KRW 147,010. The said money also is the amount that Defendant A should bear.
G. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), Defendant C and D completed the registration of establishment of a mortgage on July 12, 2018 and the registration of establishment of a neighboring establishment on July 12, 2018 to Defendant C and D, based on the contract to establish a contract on July 11, 2018, as follows.
hereinafter referred to as "the case."