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1. The Plaintiff:
A. The defendant limited company A and B are jointly and severally 135,732,340 won and 131,736,371 won among them.
Reasons
Facts of recognition
A. The Plaintiff’s claim 1 against the Defendant Limited Company A (hereinafter “Defendant A”), B, and C (hereinafter “Defendant A”), on March 15, 2017, provides two credit guarantee agreements, including the guarantee limit of the principal and interest of loan, which the Plaintiff and Defendant A receive from the financial institution, with the guarantee limit of KRW 80,000,000, and KRW 50,000,000 (hereinafter “the instant credit guarantee agreement”).
(2) On March 15, 2017, Defendant B and C entered into a joint and several surety contract (hereinafter “instant joint and several surety contract”) with the purport of jointly and severally and severally guaranteeing the Plaintiff’s liability for indemnity, etc. from the date of payment of the final guarantee fee to the date of payment of penalty for the period of subrogation when the Plaintiff subrogated to a financial institution without paying the guarantee fee under the instant credit guarantee contract. Defendant A provided a guarantee guarantee under the instant credit guarantee contract and received a loan from G Co., Ltd.
3) However, on August 6, 2018, a credit guarantee accident occurred. On June 14, 2019, the Plaintiff subrogated for KRW 131,736,371 for the said G on behalf of the said G on behalf of the said G on behalf of the said G on June 14, 2019. In addition, the Plaintiff incurred execution expenses to preserve the claim for reimbursement against the Defendant A, and the Plaintiff remains in KRW 3,438,939, and Defendant A paid the guarantee fee only until March 13, 2019, thereby causing KRW 57,030 for penalty.
5) Meanwhile, the agreed delay damages rate under the credit guarantee contract of this case is 8% per annum. (B) Defendant B’s disposal act 1) on October 26, 2017 with respect to each real estate listed in the separate sheet with Defendant D Co., Ltd. (hereinafter “Defendant D”) on October 26, 2017 (hereinafter “the instant real estate”), hereinafter “Defendant A, the mortgagee D, the maximum debt amount of 300,000,000” is the case 1.