Text
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 99,286,528 and KRW 997,935,968 among the Plaintiff and the Plaintiff’s KRW 99,28.
Reasons
1. Basic facts
A. On March 6, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A (mutual name: E gas station) on March 5, 2010, with the guarantee term of KRW 300 million, the guarantee term of KRW 700 million, the guarantee term of KRW 50 million, and the guarantee term of March 5, 2010 (i.e., change to February 28, 2014), and the Defendant B, a form of punishment of Defendant A, agreed with the Plaintiff jointly and severally liable for all obligations that Defendant A owes to the Plaintiff in accordance with each credit guarantee agreement.
At the time of the aforementioned credit guarantee agreement, the said Defendants agreed to pay damages calculated by multiplying the amount of performance and the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment of the guaranteed obligation (15% per annum from June 1, 2005 to November 30, 2012, and 12% per annum from December 1, 2012) and the expenses incurred in the performance of the guaranteed obligation.
B. After that, Defendant A submitted a credit guarantee certificate issued by the Plaintiff pursuant to the above credit guarantee agreement and borrowed KRW 1 billion from the Industrial Bank of Korea, but on September 11, 2013, a credit guarantee accident occurred due to the closure of the above gas station.
Accordingly, on November 22, 2013, the Plaintiff subrogated to the above bank for the total amount of KRW 1,002,732,833 of the remainder of the principal and interest of the Defendant Company’s loan, and collected KRW 8,105,230 on the same day and collected KRW 3,308,365 on substitute payment, 4,796,865 on substitute payment, and then appropriated the amount of KRW 4,79,865 on the principal of the above loan, and thereafter, the details of the Plaintiff
F GB
C. However, on July 15, 2013, Defendant A entered into a mortgage contract (hereinafter “mortgage contract”) with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the attached list (hereinafter “instant real estate”) and completed the registration of establishment of a mortgage to the Defendant Co., Ltd. on the same day as Incheon District Court’s registration and the maximum debt amount of KRW 200 million (20 million) on the same day.