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1. Defendant A, Defendant B, and Defendant C jointly and severally with the Plaintiff KRW 95,372,506 and KRW 94,371,331 among them.
Reasons
1. Basic facts
A. On October 22, 2010, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”), setting the credit guarantee principal as KRW 100 million and the period from October 22, 201 to October 21, 201, with a fixed period of time from October 22, 201, and issued a written credit guarantee agreement setting the guarantee amount as KRW 100 million with the guarantee counterpart as a national bank.
B. Defendant B and C guaranteed the Defendant Company’s obligations under the Credit Guarantee Agreement.
C. On October 26, 2010, a national bank extended a loan as security on the said credit guarantee certificate, and the subsequent termination of a part of the guarantee, and the remainder of the guaranteed principal was 92 million won, and the guarantee term was changed to October 17, 2014.
With respect to the above loan, the Defendant Company agreed to lose the benefit of time immediately in the event of a cause such as delinquency of principal and interest or fault, etc., and the Defendant Company lost the benefit of time due to this natural body on April 15, 2014.
E. On August 8, 2014, upon the request of the National Bank, the Plaintiff subrogated for the Defendant Company the sum of KRW 94,371,331 (the principal and interest of KRW 92,00,000) as the principal and interest of the loan under the instant credit guarantee agreement.
F. The rate of damages applied by the Plaintiff is 12% per annum from December 1, 2012 to the date.
G. The Defendant Company agreed to reimburse the legal procedure costs incurred by the Plaintiff for the preservation of the claim for reimbursement. The legal procedure costs that the Plaintiff did not recover are KRW 1,001,175 in total.
H. As to the real estate indicated in the separate sheet (hereinafter “instant real estate”), Defendant B entered into a mortgage agreement between Defendant D, which constitutes a maximum debt amount of 296,400,000 on December 31, 2013 (hereinafter “instant mortgage”) and Defendant D’s establishment registration of a neighboring mortgage as Seoul Central District Court No. 182, Jan. 3, 2014.