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1. Defendant A and the Plaintiff jointly and severally with E Co., Ltd., as to KRW 24,234,616 and KRW 24,079,626 among them, as to September 19, 2017.
Reasons
1. Basic facts
A. On April 15, 2015, the Plaintiff entered into a credit guarantee agreement with E Co., Ltd. (hereinafter “Nonindicted Company”) with the warranty period of KRW 25 million, and up to April 14, 2017. The Defendant A, the representative director of the Nonparty Company, guaranteed all obligations under the said credit guarantee agreement.
B. When the non-party company delays the repayment of loans, the G Bank notified the Plaintiff of a credit guarantee accident on April 21, 2017. Accordingly, on September 19, 2017, the Plaintiff subrogated 24,079,626 won of the principal and interest of loans to G Bank. The additional guarantee fee to be borne by the non-party company is KRW 154,990, and the interest rate applied to the credit guarantee agreement from September 5, 2013 to September 5, 2013 is 12% per annum.
C. On October 20, 2016, Defendant A entered into a sales contract (hereinafter “instant sales contract”) with Defendant C and D on forest 70,841 square meters (hereinafter “instant real estate”). On November 28, 2016, Defendant C and D completed the registration of transfer of ownership as to each of the instant real estate under the title of 1/2 shares among the instant real estate under the title of Article 1904 of the receipt registry office of the Daejeon District Court, the receipt registry office of the Gwangju District Court, and Defendant C and D completed the registration of transfer of ownership as to the instant real estate on December 7, 2018 to H on December 8, 2018.
[Ground of recognition] The facts without dispute, Gap 1 to 5's statements, Eul 1 to 9's statements (including each number; hereinafter the same shall apply), the court's response to each order to submit financial transaction information to the K bank and the J bank, the purport of the whole pleadings, as a whole.
2. According to each of the above facts finding as to the Plaintiff’s claim against Defendant A, the Defendant Company and the Plaintiff jointly and severally with the Nonparty Company KRW 24,234,616 (the additional guarantee fee of KRW 24,079,626) and KRW 24,079,626, whichever is the date of subrogation, shall be 12% per annum under the agreement from September 19, 2017 to November 27, 2017, which is the date of final delivery of the copy of the complaint of this case, until the date of full payment.