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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 45,918,928 and KRW 45,837,098 among them.
Reasons
1. Basic facts
A. (1) On December 30, 2008, the Plaintiff entered into a credit guarantee agreement and joint and several sureties agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) and entered into a credit guarantee agreement with the term of September 19, 2012 (hereinafter “the instant credit guarantee agreement”), setting the amount as 45,000,000 won and the term of guarantee as of September 19, 2012, and the representative director B of the said company jointly and severally guaranteed obligations under the instant credit guarantee agreement.
(2) According to the instant credit guarantee agreement (Article 10), when the Plaintiff performed the guaranteed obligation, Defendant A and B agreed to reimburse the Plaintiff for the amount of the Plaintiff’s guaranteed obligation, the amount calculated by multiplying the amount of the Plaintiff’s performance of the guaranteed obligation, ② the amount of the performance of the guaranteed obligation by the rate (12%) as determined by the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation, ③ the preservation, transfer
B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation (1) Defendant A borrowed KRW 50,000,000 from the Industrial Bank of Korea on September 19, 2012 with the letter of guarantee issued by the Plaintiff, and the occurrence of a credit guarantee accident on December 18, 2013, which occurred on the grounds that interest delinquency on the said loan was overdue, etc., thereby losing the benefit of the said loan obligation.
(2) On April 2, 2014, the Plaintiff subrogated for KRW 45,837,098 to the Industrial Bank of Korea on April 2, 2014 in accordance with the instant credit guarantee agreement, and the legal procedure cost incurred to preserve the claim for reimbursement is KRW 81,830.
C. On October 25, 2013, Defendant B completed the registration of ownership transfer for each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) against Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on October 25, 2013 due to purchase and sale on October 18, 2013 (hereinafter “instant sales contract”).
(2) At the time of the instant sales contract and the date of closing argument of the instant case, the market price of each of the instant real estate.