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1. The Plaintiff:
A. As to Defendant A and B’s joint and several liability amounting to KRW 442,030,840 and KRW 438,384,411.
Reasons
1. Facts of recognition;
A. The Plaintiff’s claim against Defendant A, B, and C (1) entered into a credit guarantee agreement with Defendant A (hereinafter “Defendant A”) as described below (hereinafter “instant credit guarantee agreement”). The Defendant A obtained a loan from the Industrial Bank of Korea as set out in [Attachment 1] as security.
Defendant B and C jointly and severally guaranteed the obligation to be borne by Defendant A to the Plaintiff pursuant to the instant credit guarantee agreement as shown in [Attachment 1].
[Attachment 1] The separate credit guarantee period (the final extension period) credit guarantee amount (the first credit guarantee amount) loan amount (the original credit guarantee amount) from February 28, 2003 to February 24, 2012, 150,000,000 Small and Medium Enterprise Bank 150,000,000 B C secondary guarantee amount from February 27, 2004 to February 24, 2012, the Industrial Bank of Korea lost interest on the above credit guarantee amount (the above credit guarantee amount) from January 22, 2009 to February 195, 2000,300,000 B C C third guarantee amount from February 24, 2011 to February 24, 2011.
Therefore, on March 16, 2012, the Plaintiff subrogated to the Industrial Bank of Korea KRW 233,96,492 for the principal and interest of loans due to the first and second credit guarantee and KRW 204,387,919 for the principal and interest of loans due to the third credit guarantee.
The Plaintiff spent KRW 2,352,119 as legal procedural expenses to preserve the claim for indemnity. The penalty arising under the credit guarantee agreement of this case is KRW 1,294,930 as well as KRW 1,294,310 as well as KRW 124,930 as well as KRW 124,930 as well as KRW 1,04,450 as well as KRW 1,294,310 as to KRW 124,930 as a result of the third credit guarantee agreement.
Meanwhile, the overdue interest rate on the Plaintiff’s indemnity under the credit guarantee agreement of this case is 15% per annum.
B. Defendant C’s disposal act concluded a donation agreement with Defendant D on October 20, 201 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), the sole property of which is the attached list, and Defendant D.