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1. The Defendant A and B Co., Ltd are jointly and severally liable to the Plaintiff for KRW 1,087,585,510 and KRW 1,083,719,162 among them.
Reasons
1. Basic facts
A. The Plaintiff is a special corporation established under the Credit Guarantee Fund Act, and the Defendant Company is a corporation that entered into a credit guarantee agreement with the Plaintiff. Defendant B is a joint and several surety for the Defendant Company’s obligation to pay indemnity under the said credit guarantee agreement, and Defendant C purchased the instant real estate from the Defendant Company around July 25, 2018.
B. On March 29, 2016, the Plaintiff entered into a credit guarantee agreement between the Defendant Company and the Defendant Company with a view to guaranteeing the payment of principal and interest on loans to the Industrial Bank of Korea, with a view to guaranteeing the payment of principal and interest on loans to the Defendant Company, and entered into a credit guarantee agreement with the Defendant Company as of March 28, 2017 (the period of guarantee extended to March 28, 2019) (hereinafter “the instant credit guarantee agreement”); and Defendant B jointly and severally guaranteed the Defendant Company’s obligation to reimburse the indemnity amount under the instant credit guarantee agreement.
(2) The Plaintiff issued a credit guarantee certificate to the Industrial Bank of Korea pursuant to the instant credit guarantee agreement, and the Defendant Company borrowed KRW 1,328,000,000 from the Industrial Bank of Korea on March 2016.
C. (1) On October 24, 2018, the Defendant Company delayed repayment of the loan principal to the Industrial Bank of Korea. On November 30, 2018, the Industrial Bank of Korea notified the Plaintiff of the occurrence of a credit guarantee accident. On March 13, 2019, the Plaintiff subrogated to a corporate bank for KRW 1,083,719,162 (i.e., the loan principal guaranteed by the Plaintiff under the instant credit guarantee agreement (= KRW 21,319,162).
(2) The Plaintiff spent KRW 3,866,348 as the cost of preserving the claim for the preservation of the right acquired through the discharge of the guaranteed obligation.
(3) Meanwhile, Article 10 of the Credit Guarantee Agreement provides for the amount to be repaid by the principal and the joint guarantor when the Plaintiff performed the guaranteed obligation.