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1. The defendants jointly and severally do not exceed KRW 490,115,581, and among them, KRW 203,590 within the limit of KRW 450,00,000 for the plaintiff.
Reasons
1. Basic facts
A. C on May 28, 2004, the Seoul Mutual Savings Co., Ltd. concluded a credit transaction agreement with the non-party bank (hereinafter “non-party bank”) and borrowed KRW 300,000,000 from the non-party bank. At that time, the Defendants jointly and severally guaranteed the non-party bank C’s loan obligation.
[Credit subjects: Loans within contract amount, amount of credit (limit): 300 million won, and date of expiration of credit: May 28, 2007)
B. On the other hand, on May 24, 2004, the Defendants concluded a mortgage agreement with the non-party bank, the debtor, and the maximum debt amount at KRW 450,000,00 with the joint collateral of the non-party bank, the debtor, and the registration of the establishment of a mortgage on May 25, 2004 pursuant to the said mortgage agreement, with the non-party bank and the non-party bank, the debtor, and the debtor as the maximum debt amount at KRW 450,000,000.
C. C concluded a credit transaction agreement with the non-party bank on June 13, 2007 (hereinafter “the credit transaction agreement of this case”) on the grounds that it was impossible to repay the above loan obligations on May 28, 2007, which is the expiration date of the above credit, and took out a loan of KRW 300,000,000 from the non-party bank (hereinafter “the loan obligation of this case”), and repaid the existing loan obligations.
[Credit subject: Amount of loan within a contract amount, amount of credit (limit): KRW 300 million, date of expiration of credit: June 13, 2010; interest rate of loan: 12% per annum; and interest rate of delay delay: 23% per annum)
D. At that time, the Defendants jointly and severally guaranteed C’s debt of the instant loan within the limit of KRW 450,000 to the non-party bank.
E. As of May 7, 2015, C delays the repayment of principal and interest as follows:
[Loan Principal: 203,590,210 won for delay, 286,525,371 won for delay, aggregate: 490,115,581 won)
F. Meanwhile, the non-party bank was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the plaintiff was appointed as the bankruptcy trustee.
[Reasons for Recognition]