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1. As to KRW 128,531,021 and KRW 128,358,279 among the Plaintiff and the Plaintiff, Defendant A and B jointly and severally, from March 16, 2015 to May 16, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff’s credit against Defendant A and B (1) entered into a credit guarantee agreement with the Plaintiff on March 2010 to guarantee the payment of the principal and interest of the loan to the said new bank in order to guarantee the payment of the principal and interest of the loan by the said new bank.
(2) According to the above credit guarantee agreement, the defendant A pays to the plaintiff the amount of the plaintiff's subrogation and the 12% delay damages from the date of subrogation, the insurance premium paid by the plaintiff on behalf of the plaintiff, the penalty calculated by adding the rate of the guarantee fee applied from the date following the expiration date of the due date of payment to the date following the due date of subrogation, the amount of the penalty calculated by adding the rate of the guarantee fee applied from the date following the expiration date of the due date of payment to the date preceding the date of payment, and the expenses incurred in preserving, transferring, and exercising the right acquired by the plaintiff as a guarantee obligation, and the defendant B guaranteed the above debt owed by the plaintiff to the plaintiff.
(3) On March 5, 2010, Defendant A received a loan of KRW 150,00,000 from a new bank as security for the said guarantee.
(4) When a credit guarantee accident occurred due to a business failure, etc. on March 2, 2015, the said Defendants, who operated shopping Korea, failed to repay the loans to the said bank. On March 16, 2015, the Plaintiff paid to the said bank KRW 143,358,279 due to the said loan, in subrogation of Defendant A, and recovered the amount equivalent to KRW 15 million thereafter.
(5) The amount of damages for final delay under the above credit guarantee agreement is KRW 73,972, and the amount of damages for attempted delay is KRW 98,770.
B. The real estate transaction between Defendant A and Defendant C is between Defendant A and Defendant C.
(2) On April 26, 2012, the registration of ownership transfer for the first/6 shares of the real estate listed in the separate sheet (hereinafter “instant real estate”).