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1. The judgment of the first instance court, including the Plaintiff’s claim expanded in the trial room, shall be modified as follows.
Defendant B.
Reasons
1. Basic facts
A. On August 26, 2014, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “C”) with the guaranteed principal of KRW 90,00,000, and the guarantee period from August 26, 2014 to August 26, 2015 (hereinafter “instant credit guarantee agreement”) and issued a credit guarantee certificate to C, and C took out a loan of KRW 100,00,000 from the Daegu Bank (hereinafter “TT Bank”) as collateral.
B. According to the instant credit guarantee, C agreed to pay to the Plaintiff each of the expenses incurred in subrogation and delay interest rate determined by the Plaintiff, additional guarantee fees pursuant to the Plaintiff’s rate and calculation method, expenses incurred in the performance of guaranteed obligations, preservation of rights, transfer and exercise of rights. The rate of delay damages determined by the Plaintiff is 12% per annum from December 1, 2012.
C. At the time of the instant credit guarantee, B’s representative director, on behalf of the Plaintiff at the time of the instant credit guarantee, provided a joint and several surety for C’s indemnity obligation against the Plaintiff, arising from the Plaintiff’s repayment of the above loan obligation to the Daegu Bank (hereinafter “instant joint and several surety”).
B On July 16, 2015, the Defendant entered into a sales contract (hereinafter “instant sales contract”) with the Defendant to sell real estate listed in the separate sheet owned by B (hereinafter “instant real estate”) for KRW 140,00,000,000, and completed the registration of ownership transfer in the Defendant’s future as of July 17, 2015 for the instant real estate.
E. By August 26, 2015, C was unable to pay the principal and interest of loans to Daegu Bank, and a credit guarantee accident occurred on August 27, 2015, the Plaintiff paid C’s principal and interest of loans to Daegu Bank KRW 90,949,363 ( principal and interest of KRW 90,000,000) on November 3, 2015.
Meanwhile, the additional guarantee fee under the credit guarantee of this case is KRW 251,500, and the Plaintiff.