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1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 64,776,355 and KRW 64,012,491 among them, respectively.
Reasons
1. Facts of recognition;
A. On June 4, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A on June 4, 2013 (hereinafter “the instant credit guarantee agreement”) with respect to F’s operating capital loan (the Industrial Bank of Korea of loan institutions), the guaranteed amount of KRW 63,000,000, and the guarantee term of KRW 4, 2013 (the extension to June 3, 2015), and the delayed payment rate of KRW 12% per annum. On the same day, Defendant B and C provided joint and several surety with the Plaintiff for the indemnity liability arising from the said credit guarantee agreement of Defendant A.
B. On February 2015, Defendant A registered in the enterprise-related information, and around April 4, 2015, caused a credit guarantee accident due to a natural body. On July 23, 2015, the Plaintiff subrogated the Industrial Bank of Korea for KRW 64,012,491.
In addition, there were 126,860 won for additional guarantee fee to be borne by Defendant A according to Article 3 and Article 10 of the Credit Guarantee Contract of this case, and 637,004 won for legal procedure expenses.
C. On February 2, 2015, Defendant A entered into a sales contract for the transfer of ownership (No. 18797) in March 23, 2015 with Defendant D on the real estate listed in attached Table No. 1 (hereinafter “instant real estate No. 1”) in the market price of KRW 149,00,000, which was owned by Defendant D as of July 13, 2006, under the name of payment in kind for the existing obligation (hereinafter “instant sales contract”), and completed the registration of transfer of ownership (No. 18797) in the name of payment in kind for the existing obligation.
On March 27, 2015, Defendant D cancelled the right to collateral security (the maximum amount of claims KRW 103,200,000, and KRW 84,293,007) under the name of Korea Housing Finance Corporation, which was the mortgagee of the instant real estate on March 27, 2015. On the same day, Defendant D established the right to collateral security (the maximum amount of claims KRW 99,00,000) under the name of Korea Housing Finance Corporation.
E. Meanwhile, on May 20, 2015, Defendant B and his spouse Defendant E enter into a donation contract (hereinafter “instant donation contract”) with respect to the real estate listed in attached Table No. 2, which was owned from March 2, 2001 between Defendant E and his spouse (hereinafter “instant real estate No. 2”).