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1. Defendant A, and B, jointly and severally with the Plaintiff KRW 272,568,240 among the amount of KRW 274,040,650 and the amount of KRW 272,568,240 among them.
Reasons
1. Basic facts
A. On November 19, 2013, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into an export credit guarantee agreement (hereinafter “instant export credit guarantee agreement”) with the Plaintiff and the export credit guarantee agreement with the limit of 270,000,000 won on credit guarantee on November 19, 2013, and the guarantee term until November 19, 2014, and borrowed KRW 300,000,000 from an enterprise bank as security the export credit guarantee agreement issued by the Plaintiff. The said guarantee term was extended by November 18, 2017.
When entering into the above export credit guarantee agreement, Defendant A paid the Plaintiff the repayment amount of the guaranteed obligation, damages for delay in accordance with the interest rate set by the Plaintiff from the day following the due date set by the Plaintiff until the due date of repayment, and reasonable expenses incurred in exercising the rights acquired by the Plaintiff as a result of the repayment of the guaranteed obligation.
Defendant B jointly and severally guaranteed all obligations that Defendant A owes to the Plaintiff based on the above export credit guarantee agreement.
B. A guarantee accident and subrogation caused a guarantee accident as the Defendant A loses the benefit of January 17, 2017 due to the natural body of the said loan. On March 31, 2017, the Plaintiff subrogated to a corporate bank for the total of KRW 272,568,240 (i.e., principal interest of KRW 270,000,000) (i.e., principal interest of KRW 2,568,240).
Expenses paid by the Plaintiff to preserve the claim for reimbursement are KRW 1,472,410, and the rate of damages determined by the Plaintiff is 10% per annum.
C. On October 7, 2016, Defendant A’s disposal act entered into a contract to establish a collateral security (hereinafter “instant collateral security”) with Defendant Korea Institute aluminium Co., Ltd. (hereinafter “Defendant”) on each real estate listed in the separate sheet (hereinafter “each real estate of this case”). Accordingly, Defendant A’s disposal act entered into a contract with Cheongju District Court registration and Cheongju District Court No. 122459, Oct. 10, 2016.