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1. Defendant A, B, C, and D are jointly and severally liable to the Plaintiff for KRW 185,018,00 and KRW 183,531,104 among them.
Reasons
1. Basic facts
A. On September 29, 2009, the Plaintiff entered into two credit guarantee agreements with Defendant A Co., Ltd. (hereinafter “Defendant A”) and the guarantee period of KRW 100 million, from September 29, 2009 to September 28, 2010, and issued a credit guarantee agreement with the obligee’s Busan Bank Green Central Branch (hereinafter “each agreement of this case”).
Defendant B, C, and D guaranteed the obligation to be borne by Defendant A to the Plaintiff due to each of the instant agreements.
B. After that, the term of guarantee of each of the instant agreements has been renewed every one year, and changed to September 27, 2013, and on September 27, 2010, the amount of guarantee of each of the instant agreements was changed to KRW 90 million, respectively.
C. According to each of the instant agreements, where the Plaintiff performed the guaranteed obligation as a credit guarantee agent of Defendant A, Defendant A, B, C, and D agreed to reimburse the Plaintiff’s amount of the guaranteed obligation, and the amount of damages for delay at a certain rate from the date of performance to the date of full payment, and expenses incurred in the enforcement, preservation, exercise, and legal procedure of the claim. The rate of damages for delay is 12% per annum from September 6, 2013 to the date of closing argument of the instant case.
On May 9, 2013, when there was a credit guarantee accident where Defendant A did not pay the obligation to pay interest to the Busan Bank, the Plaintiff subrogated to the Busan Bank for the total of KRW 180,000,000 and interest KRW 3,531,104 among the Defendant’s debt, and paid KRW 1,486,904 to the Plaintiff at the expense of preserving the claim.
E. On April 15, 2013, Defendant B entered into a mortgage agreement with Defendant Khovad Co., Ltd. (hereinafter “Defendant Khovad”) and with Defendant A, Defendant Khovad and the maximum debt amount of KRW 100 million (hereinafter “instant mortgage agreement”) with respect to the real estate listed in the separate sheet No. 1 (hereinafter “real estate No. 1”), and completed the registration of establishment of a mortgage to Defendant Khovad on April 16, 2013.