1. Defendant A and B jointly and severally filed against the Plaintiff KRW 30,253,579 and KRW 28,829,478 among them.

1. Basic facts

A. On August 16, 2017, Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) entered into a credit guarantee agreement with the Plaintiff, and received a loan of KRW 28.5 million from E Co., Ltd. (hereinafter “Nonindicted Bank”) as collateral for the said credit guarantee on the same day.

According to the above credit guarantee agreement, when the plaintiff performed the guaranteed obligation to the non-party bank in accordance with the credit guarantee agreement, the defendant company and the joint guarantor shall pay the amount of the guaranteed obligation to the non-party bank and the damages for delay calculated at the rate determined by the plaintiff from the date of repayment to the date of repayment.

On the same day, Defendant B guaranteed all obligations that Defendant Company owes to the Plaintiff in accordance with the above credit guarantee agreement.

B. On February 18, 2020, when a credit guarantee accident occurred due to overdue interest of the above loan, the bank notified the Plaintiff on April 9, 2020, and the Plaintiff subrogated for KRW 28,829,478 to the non-party bank on May 18, 2020 pursuant to the above credit guarantee agreement.

On or after May 18, 2020, the rate of delay damages determined by the Plaintiff as to the amount of subrogation is 10% per annum, and the Plaintiff was not paid KRW 1,424,101 for the legal procedure expenses incurred by the Defendants in order to preserve the claim for reimbursement against the Defendants.

C. Meanwhile, on September 17, 2019, Defendant B sold D 1617 square meters (hereinafter “instant land”) owned by it to Defendant C at KRW 55 million (hereinafter “instant sales contract”) and completed the registration of ownership transfer under Defendant C’s name on September 26, 2019.

In addition, on September 26, 2019, the establishment registration of a neighboring mortgage, which caused Defendant B, a mortgagee FF association, the maximum debt amount of KRW 60 million, was cancelled. On the same day, the establishment registration of a neighboring mortgage, which caused Defendant C, a mortgagee bank, the maximum debt amount of KRW 468 million, was newly completed.