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1. Defendant A, Inc., Ltd., B, C, and D shall be jointly and severally liable to the Plaintiff for KRW 104,075,298 and KRW 77,086,59 among them.
Reasons
1. Grounds for claim;
A. On December 11, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. on the amount guaranteed 76,000,000,000 and December 6, 2013. Defendant B, C, and D entered into a joint and several guarantee agreement with the Plaintiff on all of the obligations owed by Defendant A to the Plaintiff according to the said credit guarantee agreement with the Plaintiff.
B. On December 11, 2009, Defendant A, a corporation, issued a credit guarantee certificate from the Plaintiff pursuant to the above credit guarantee agreement, and borrowed KRW 95,00,000 from the Nonghyup Bank.
C. The Plaintiff, upon Defendant A’s failure to repay the loan obligations to the Nonghyup Bank, subrogated to KRW 77,086,59 in total, including the principal amount of KRW 75,807,836, the interest of KRW 1,278,763, March 28, 2014 upon the Nonghyup Bank’s request for performance of the guaranteed obligation.
According to the credit guarantee agreement between the Plaintiff and the Defendant A, the interest rate for delay is 12%, and additional guarantee fees to be borne by Defendant A as of April 1, 2015 are 461,250 won, legal procedure expenses are 17,150,340 won, and damages are 9,37109 won.
E. On the other hand, around September 17, 2013, Defendant C entered into a sales contract on the condition that Defendant E take over the remaining KRW 30 million and additionally pay KRW 30 million in cash, out of KRW 500,000,000,000,000,000 for each of the real estate listed in the separate sheet with Defendant E and FF forest and 62,773 square meters in the north-gu, Y as well as the joint mortgage established on the said real estate (hereinafter “instant sales contract”). On the same day, Defendant C completed the registration of ownership transfer on each of the instant real estate after having repaid KRW 201,241,58, out of the joint collateral obligation of joint collateral security.
F. At the time Defendant E purchased each of the instant real estate from Defendant C, each of the instant real estate was registered as a 62,773 square meters of forest land and f2,773 square meters in North-gu, North Korea at port and as joint collateral, Daegu District Court’s distribution support registration as well as a 650,000 won of the maximum debt amount, under the Act No. 38755 on May 2, 2003.