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1. The Plaintiff:
A. Defendant A Co., Ltd. and B jointly and severally for KRW 53,647,439 and KRW 53,090,809 among them.
Reasons
1. Facts of recognition;
A. (1) On June 27, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”).
The credit guarantee agreement was concluded between the credit guarantee and the 115,00,000 won, and the guarantee period from June 27, 2014 to June 26, 2019 (hereinafter “instant credit guarantee agreement”).
(2) Defendant B and F agreed to pay, without delay, to the Plaintiff the agreed damages (15% per annum from June 1, 2005 to November 30, 2012; and 12% per annum from the next day to the date of full payment) determined by the Plaintiff from the date of the payment of the subrogated amount and the amount of the agreed damages (15% per annum from the date of full payment, and 12% per annum from the following day) to the Plaintiff when the Plaintiff performed the guaranteed obligation against the Plaintiff under the credit guarantee agreement in this case.
3) The Defendant Company received a loan by submitting the Plaintiff’s credit guarantee certificate to the National Bank. (B) However, as the Defendant Company did not pay interest on May 11, 2015, the occurrence of a credit guarantee accident and a subrogation 1) caused a credit guarantee accident as a result of the loss of the benefit of time due to delay in payment of interest, and the Plaintiff subrogated to the National Bank on June 11, 2015.
2) Since then, the Plaintiff recovered KRW 63,465,660,09 (116,556,469 won - 63,465,660 won) and the amount of KRW 556,630 was determined. (c) Defendant B entered into a mortgage agreement with Defendant D on April 13, 2015 as to real estate listed in the separate sheet No. 1, and completed a mortgage registration agreement with Defendant D on April 14, 2015.
2. On April 13, 2015, Defendant B entered into a mortgage agreement with Defendant D on real estate listed in the separate sheet No. 2, and Defendant D’s Gangnam District Court Gangnam District Court (Seoul Southern District Court Decision 27193, Apr. 14, 2015).