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1. Defendant A Co., Ltd. and B jointly and severally against the Plaintiff KRW 39,188,913 and KRW 38,582,459 among them, respectively.
Reasons
1. Basic facts
A. On May 30, 207, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) and issued a credit guarantee agreement with respect to the obligation to repay the principal and interest of loan to be borne by the said company by receiving a loan from the Gyeongnam Bank Co., Ltd. (hereinafter “Gyeongnam Bank”), and issued a credit guarantee agreement with the term of guarantee on May 19, 2017, and the Defendant B jointly and severally guaranteed the liability to compensate the Plaintiff according to the said credit guarantee agreement.
B. Defendant A borrowed KRW 50,000,000 from the Bank of Korea on June 7, 2007, according to the Plaintiff’s guarantee as above.
C. Defendant A caused a credit guarantee accident on January 13, 2017 due to the suspension, closure, etc. of business, etc., and the Plaintiff subrogated for KRW 38,250,00 on February 27, 2017, totaling KRW 332,459, totaling KRW 38,582,459.
According to the instant credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, Defendant A agreed to pay to the Plaintiff damages for delay at the interest rate set by the Plaintiff from the date of the performance to the date of full payment. The interest rate for delay is 10% per annum, and the unpaid amount out of the legal procedure costs is 606,454 won.
E. On August 10, 2016, Defendant B entered into a mortgage agreement with the maximum debt amount of KRW 500,000,000, and the debtor B, Defendant B, and Defendant D with respect to the real estate stated in the attached list No. 2 as indicated in the attached list No. 2 (hereinafter “mortgage No. 1”), and completed the registration of establishment of a mortgage as the receipt of the Busan District Court’s Branch No. 77071, Aug. 12, 2016.
F. As to each real estate listed in the separate list, Defendant B entered into a mortgage contract with the maximum debt amount of 160,000,000 won on November 11, 2016, and the debtor B and the mortgagee C (hereinafter “instant second mortgage contract”) and attached hereto.