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1. Defendant Incorporated Company A and B jointly and severally 82,523,239 won and the above amount to the Plaintiff 81,602.
Reasons
1. Facts of recognition;
A. On October 24, 2012, the Plaintiff entered into a credit guarantee agreement between Defendant Incorporated Incorporated Co., Ltd. (hereinafter “Defendant Company”) with respect to the loan obligations that the Defendant Company will take by obtaining a loan of KRW 100 million from the Bank of Korea Co., Ltd. (hereinafter “Korea Bank”), with the credit guarantee principal as to the loan obligations that the Defendant Company will take, and the credit guarantee period from the same date to October 23, 2013 (hereinafter “the credit guarantee agreement in this case”), and the Defendant B jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff.
B. According to the instant credit guarantee agreement, when the Plaintiff performed the guaranteed obligation due to the Defendant Company’s failure to perform the above loan obligation, the Defendant Company agreed to pay the Plaintiff’s subrogated payment, damages for delay, penalty, guarantee fee, and expenses in accordance with the interest rate determined by the Plaintiff. The said damages for delay rate is 12% per annum from December 1, 2012 to the date of closing argument of the instant case.
C. Meanwhile, on the other hand, Defendant B owned each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as the only real estate in excess of the debt owed approximately KRW 1.5 billion on April 15, 2013, and owned the real estate listed in the separate sheet No. 1, and the real estate listed in the separate sheet No. 2, listed in the separate sheet No. 2, listed in the separate sheet No. 1, as the only real estate.
On the same day, Defendant B sold the instant Real Estate No. 1 to Defendant C, and Defendant D sold each of the instant Real Estate No. 2 to Defendant D (hereinafter “each of the instant sales contracts”). Defendant C and D completed each of the registration of ownership transfer listed in Articles 2 and 3 of the Disposition.
After all, as a credit guarantee accident occurred because the defendant company lost the benefit of time on July 16, 2013, the plaintiff paid 81,602,739 won to the bank on January 28, 2014 and paid 357,690 won for penalty and 562,810 won for substitute payment.