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1. As to the Plaintiff, Defendant A and Defendant B jointly and severally KRW 170,795,109 and double KRW 170,258,809.
Reasons
1. Facts of recognition;
A. (1) In order to secure the principal and interest of loans, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a credit guarantee agreement with the Plaintiff on April 22, 2013, which provides a guarantee agreement between the Plaintiff as to the guaranteed amount of KRW 270,00,000, and the term of guarantee from April 22, 2013 to April 20, 2018 (hereinafter “instant credit guarantee agreement”), and received a loan from the Industrial Bank of Korea.
On the other hand, on April 22, 2013, Defendant B jointly and severally guaranteed Defendant A’s indemnity liability based on the instant credit guarantee agreement.
(2) According to the instant credit guarantee agreement, where the Plaintiff performed the guaranteed obligation, Defendant A and Defendant B, the guarantor, are liable for damages, ② unpaid guarantee fees, delayed guarantee fees, and penalty at the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment of the guaranteed obligation, and the rate of delay damages determined by the Plaintiff is 10% per annum from June 28, 2017 to the date of repayment of the guaranteed obligation.
In addition, when there is a decision of seizure or provisional seizure on the business place of the defendant A, the defendant A and the defendant B are obliged to bear the obligation of prior indemnity against the amount guaranteed by the plaintiff.
(3) On April 25, 2017, the Plaintiff paid KRW 170,258,809 to the Industrial Bank of Korea on June 28, 2017 by Defendant A, who caused a credit guarantee accident due to overdue interest, and on June 28, 2017, the Plaintiff paid KRW 295,890 to Defendant A for the unpaid guarantee fee, KRW 3,240 for overdue interest, and KRW 237,170 for penalty.
B. (1) Defendant A purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and completed the registration of ownership transfer on April 9, 2013, and had the location of the head office at the location of the real estate listed in paragraph (1) of the separate sheet.
(2) On April 9, 2013, the maximum amount of debt on each of the instant real estate except for the real estate indicated in paragraph (8) of the attached list is KRW 3 billion, and Defendant A and Defendant A.