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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 290,297,542 and KRW 284,956,654 among them.
Reasons
1. Basic facts
A. 1) Defendant A Co., Ltd. (hereinafter “Defendant Company”).
On August 30, 2013, the term of guarantee was changed between the Plaintiff and the Plaintiff by August 29, 2014 (e.g., the term of guarantee was changed by August 26, 2016).
ii)a credit guarantee agreement under the credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”).
(2) At the time of the instant credit guarantee agreement, Defendant B and Defendant B agreed to jointly and severally repay all incidental obligations, such as the amount, delay damages, and expenses for preservation of rights, when the Plaintiff fulfills the guaranteed obligation under the said credit guarantee agreement. The Defendant Company jointly and severally guaranteed all obligations, including the indemnity amount, which the Defendant Company would be liable to the Plaintiff pursuant to the instant credit guarantee agreement. The Defendant Company was granted a loan of KRW 330,000,000 from D Bank as security.
B. (1) When the Defendant Company conducted false processing on the grounds of credit management registration on July 7, 2016, the Plaintiff subrogated the principal and interest of the Defendant Company’s liability to the D Bank on November 24, 2016 under the instant credit guarantee agreement. (2) The Plaintiff paid KRW 3,69,388 by subrogation for the execution of indemnity claims under the instant credit guarantee agreement, and the penalty for attempted penalty under the said credit guarantee agreement is KRW 1,641,50, and the interest rate determined by the Plaintiff by the said credit guarantee agreement is 10% per annum from February 1, 2016.
C. On May 9, 2016, Defendant Company entered into a sales contract (hereinafter “instant sales contract”) with Defendant C on each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) and accordingly, completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) in Defendant C as the receipt No. 14376 on May 19, 2016, such as the Magdong Branch Branch of the Daegu District Court.
Defendant Company.