Defendant A and B jointly and severally committed against the Plaintiff KRW 775,857,430 as well as KRW 775,857,187 as to the Plaintiff.

Basic Facts

On April 29, 2014, the Plaintiff, including the credit guarantee agreement between the Plaintiff and the Defendant A, entered into a credit guarantee agreement (hereinafter “instant agreement”) with the Defendant A Co., Ltd. (hereinafter “Defendant A”) with a credit guarantee principal of KRW 764,660,00, and the credit guarantee period from April 29, 2014 to April 28, 2015 (hereinafter “instant agreement”). On the same day, the Defendant A obtained a loan of KRW 89,60,000 from the Industrial Bank of Korea (hereinafter “instant loan”).

On the other hand, Defendant B guaranteed the obligation to be borne by Defendant A to the Plaintiff in accordance with the instant agreement.

According to the agreement of this case, when the plaintiff performed the guaranteed obligation, the debtor and the joint guarantor shall pay to the plaintiff the amount of the performance of the guaranteed obligation, the amount of the damages determined by the rate set by the plaintiff from the date of the performance of the guaranteed obligation until the date of the repayment of the guaranteed obligation, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the preservation, transfer and exercise of the right acquired

On December 22, 2014, the Industrial Bank of Korea, upon the Plaintiff’s fulfillment of the guaranteed obligation, notified the Plaintiff that Defendant A caused a credit guarantee accident due to the principal delay on November 28, 2014, and requested the Plaintiff to discharge the guaranteed obligation.

Accordingly, on March 20, 2015, the Plaintiff paid the Bank the principal amount of KRW 776,598,309 (=interest of KRW 11,938,300) due to the instant loan on behalf of the Bank. On the same day, the Plaintiff recovered KRW 741,122 out of the amount of subrogated payment and collected KRW 741,122 out of the amount of subrogated payment. As for the recovered amount of KRW 741,122, the Plaintiff paid the final damages amount of KRW 243.

On November 3, 2014, Defendant B and Defendant B entered into a mortgage agreement on the real estate listed in the separate sheet No. 1 (hereinafter “real estate No. 1”) owned by Defendant B (hereinafter “instant real estate”) between Defendant C and Defendant C.