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1. The sales contract as of July 19, 2018 between Nonparty B and the Defendant on real estate listed in the separate sheet shall be revoked.
2...
Reasons
1. Facts of recognition;
A. The Plaintiff’s claim against Nonparty B (Preservation Claim) 1) The Plaintiff is Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) and “Nonindicted Company”.
In accordance with the guarantee request, each of the following guarantee agreements with the non-party company was concluded. The period of final guarantee that changed the term of guarantee to the principal of the guaranteed principal on the agreed date was October 14, 2014; ① the amount of 90,000,000 won on October 14, 2015; ② the amount of 450,000,000 won on April 14, 2015; and ③ the amount of 360,000,000 won on April 14, 2016 to the Plaintiff on June 14, 2017:
3) Based on a guarantee certificate issued pursuant to each of the above guarantee agreements, the non-party company received four loans from the D bank. 4) The non-party company caused a guarantee accident where payment of interest to D bank was delayed around July 16, 2018. According to the guarantee agreement, the plaintiff paid to D bank KRW 91,349,309 according to the guarantee agreement, as the guarantor of the non-party company, KRW 431,928,547 according to the guarantee, KRW 365,524,865 according to the guarantee, KRW 96,450,453 according to the guarantee, as the guarantor of the non-party company.
5 The Plaintiff recovered part of the subrogated amount, but the liability for additional guarantee fee was incurred, and the legal procedure expenses incurred by the Plaintiff to secure the claim for reimbursement was also incurred.
Based on the result, the plaintiff is jointly and severally liable for the non-party B, a joint and several surety, which is the primary debtor, and the debtor jointly and severally applied for a payment order to the plaintiff 984,436,722 won and 978,260,724 won among them, with 10% per annum from November 6, 2018 to the last service date of the payment order, and 15% per annum from the next day to the date of full payment. The payment order was issued as Daegu District Court 2018, 20906 on November 30, 2018, and this order was non-party.