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1. As to KRW 27,135,200 and KRW 27,135,061 among the Plaintiff, Defendant A and B, jointly and severally, shall be from March 31, 2015 to August 2015.
Reasons
1. The Plaintiff and Defendant A entered into a three-dimensional credit guarantee agreement, and Defendant B jointly and severally guaranteed Defendant A’s obligations under each credit guarantee agreement.
① On May 13, 2010, KRW 25 million of the guaranteed principal, KRW 15 million of the guaranteed principal, and KRW 15 million of the guaranteed principal on May 13, 2015 (Guarantee 1) ② July 11, 2012; KRW 15 million of the guaranteed principal on July 11, 2017 (Guarantee 2); KRW 15 million of the guaranteed principal on November 18, 2013; and KRW 30 million of the guaranteed principal on November 16, 2018 (Guarantee 3) Defendant A received loans from the National Agricultural Cooperative (Guarantee 1) and the National Agricultural Cooperative (Guarantee 2 and 3) issued under each credit guarantee agreement.
On March 31, 2015, the Plaintiff paid to Nonghyup Bank KRW 2,056,839 (Guarantee 1) and KRW 25,404,362 (Guarantee 2, 362) to the new bank (Guarantee 2,461,201).
Under each credit guarantee agreement, Defendant A shall pay to the Plaintiff the amount of the performance of the guaranteed obligation and the delay damages for the Plaintiff after the date of the performance of the obligation. The interest rate is 14% per annum.
The plaintiff collected 326,140 won out of the total amount of the guaranteed obligation and left 27,135,061 won, and damages for delay incurred in 326,140 won are 139 won.
On September 23, 2014, Defendant A entered into a sales contract for selling real estate (one household for multi-household, hereinafter “instant real estate”) listed in the separate sheet to Defendant C, and Defendant C completed the registration of ownership transfer on October 22, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including additional number), the purport of the whole pleadings
2. Defendant A and B are jointly and severally liable to pay to the Plaintiff KRW 27,135,200 (27,135,061 won) and KRW 27,135,061 among them, 14% per annum from March 31, 2015 to August 1, 2015, which is the date of final delivery of the copy of the instant complaint, and 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the date of full payment.
3. Defendant.