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1. The sales contract concluded on September 20, 2016 between the Defendant and B with respect to the real estate stated in the separate sheet between the Defendant and B is 22,94.
Reasons
1. Basic facts
A. The Plaintiff Company B (hereinafter referred to as “B”) on November 11, 2016, on the date when the credit guarantee agreement was concluded and the amount of the loan extended under the guarantee term was guaranteed by the division of the performance of the loan.
(3) A credit guarantee agreement was entered into between the two and two credit guarantee agreements, and a credit guarantee agreement was issued (hereinafter referred to as “instant first guarantee agreement”) and the second guarantee is called “instant second guarantee agreement.”
B) At the time of the signing of each guarantee agreement, the representative director C of B jointly and severally guaranteed the obligation of the Plaintiff under each of the above respective guarantee agreements (the following table the guaranteed amount and the guarantee period of the first guarantee agreement of this case are based on the final modified guarantee period after concluding each of the above respective guarantee agreements.
2) According to the first and second guarantee contracts of this case, B and C agreed to pay jointly and severally to the Plaintiff the amount of performance of the guaranteed obligation, damages for delay calculated by the ratio of the Plaintiff from the date of subrogation to the date of full payment of the guaranteed obligation, and the expenses incurred in the preservation, transfer and exercise of the rights acquired as a result of the performance of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, and penalty.
Meanwhile, the rate of damages for delay determined by the Plaintiff is 10% per annum after February 1, 2016.
3) B, from the Industrial Bank of Korea, the letter of credit guarantee under the first guarantee contract of this case (the amount guaranteed at that time was KRW 103,968,000.
) Using the loan, each of the above loans was granted KRW 190,000,000 on November 24, 2010, using the credit guarantee form under the instant guarantee contract (hereinafter “each of the above loans”) and KRW 190,000,000 on November 20, 2015, using the credit guarantee form under the instant guarantee contract.
B. B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation (1) in arrears with interest accrued on October 7, 2016, and the Plaintiff’s credit guarantee accident occurred, and the Plaintiff was the first and second of the instant case.