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1. As to KRW 197,136,680 and KRW 196,086,136 among the Plaintiff, Defendant A’s year from May 21, 2019 to July 29, 2019.
Reasons
1. Basic facts
A. On November 21, 2017, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and the Defendant A with a view to guaranteeing the payment of principal and interest obligations owed by Defendant A upon obtaining a loan from the Industrial Bank of Korea, as the guarantee period of KRW 130,00,000, and the guarantee period of November 20, 2025, the Plaintiff entered into a credit guarantee agreement and issued a credit guarantee certificate as of November 20, 2025. The same day’s guarantee amount of KRW 70,00,000, and the guarantee period of KRW 70,000,000 as of November 20, 2018, and the credit guarantee agreement (hereinafter “1 and 2 credit guarantee agreement”) in the order of the credit guarantee agreement (hereinafter “each credit guarantee agreement”).
The credit guarantee was concluded and issued, and thereafter, the second credit guarantee term was changed to November 20, 2019. 2) Defendant A provided the second credit guarantee term as collateral after receiving the loan from the Industrial Bank of Korea; and 129,300,000 won from the Industrial Bank of Korea until November 20, 2025 due date for repayment; and on November 21, 2017, Defendant A provided the second credit guarantee term as collateral.
B. (1) On March 16, 2019, Defendant A lost the benefit of time due to Defendant A’s failure to perform his/her obligation to the Industrial Bank of Korea. On May 21, 2019, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 196,086,136, the total amount of principal and interest of the loan arising from each of the instant guarantees. (2) The Plaintiff and Defendant A agreed to pay to the Plaintiff the amount of the Plaintiff’s performance of the guaranteed obligation when the Plaintiff performed the guaranteed obligation at the time of entering into each of the instant credit guarantee agreements. The interest rate determined by the Plaintiff is 10% per annum from June 1, 2015.
The Plaintiff spent KRW 1,346,104 as substitute payments for preserving the claim for reimbursement, but recovered KRW 295,560,000, and the balance is KRW 1,050,544.
C. Between the Defendants.