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1. Defendant A, B, and C are jointly and severally liable to the Plaintiff for KRW 24,39,158 and KRW 23,238,075 among them.
Reasons
1. Facts of recognition;
A. On March 27, 2008, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A on March 26, 2009, setting the guaranteed principal as KRW 25,500,000, and the term of guarantee as of March 26, 2009, in order to guarantee the loan granted by Defendant A Nong Bank Co., Ltd. (hereinafter “CF”), and Defendant B Co., Ltd and F Co., Ltd. jointly and severally guaranteed the Defendant A’s credit guarantee obligations against the Plaintiff.
B. Upon entering into the instant credit guarantee agreement, Defendant A agreed to reimburse the Plaintiff for the amount of subrogated payment, damages for delay based on the rate of damages for delay determined by the Plaintiff from the date of repayment thereof, expenses incurred in the performance of guaranteed liability, expenses incurred in the preservation, transfer, and exercise of the right acquired from the performance of guaranteed liability.
C. On March 28, 2008, Defendant A submitted a credit guarantee certificate issued in accordance with the credit guarantee agreement of this case to Nonghyup Bank and borrowed KRW 27,000,000 from the said bank (hereinafter “the instant loan”), but on June 20, 2014, Defendant A delayed payment of interest on the said loan, etc.
Accordingly, on August 26, 2014, the Plaintiff subrogated for KRW 23,238,075 to the Nonghyup Bank. As a result, 427,835 won was incurred at the rate of 12% per annum from August 26, 2014 to October 20, 2014.
E. Meanwhile, on May 20, 2014, Defendant A entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with Defendant D, one’s own partner, on each of the real estate listed in the separate sheet owned by Defendant A (hereinafter “instant real estate”). On the same day, Defendant D, Hongcheon District Court, Hongcheon Registry, 11021, and 1102 of the receipt on May 20, 2014 (hereinafter “the provisional registration of this case”). On August 8, 2014, Defendant A entered into a pre-sale agreement with Defendant D on each of the instant real estate.