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1. The Defendant: (a) KRW 247,573,487 for the Plaintiff and KRW 6% per annum from November 26, 2014 to April 21, 2015; and (b) April 22, 2015 for the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff’s credit guarantee certificate issuance and credit guarantee agreement (hereinafter “B”) requested the Plaintiff to obtain a loan for corporate facility division funds from C Co., Ltd. (hereinafter “C”). On August 19, 201, the Plaintiff entered into a credit guarantee agreement with B, and issued a credit guarantee certificate with C on November 27, 2015, setting the guarantee amount of KRW 1,273,776,000, term of guarantee, KRW 2,653,70,000, and KRW 48% of the guarantee number D (hereinafter “the credit guarantee certificate of this case”). The Plaintiff issued the letter of credit guarantee of this case to guarantee the following.
◎ 보증특약
1. To provide loans according to this letter of guarantee after the establishment of the first right to collateral security in accordance with the Factory Foundation Mortgage Act for the place of business (location; site; building E (site); building No. 1) and machinery facilities in Yong-Namnam-gun (building No. 3,705,00,000 won or more;
B. C on August 19, 201, with the joint security list (F; hereinafter collectively collectively referred to as “instant factory”) under Article 6 of the Act on Mortgage on Real Estate, Factories, and Mining Foundations listed in the separate sheet No. 1 attached to B owned on August 19, 201, C leased KRW 2,653,700,000 to B and B, with the maximum debt amount of KRW 3,705,000,000, the debtor and the mortgagee C as the maximum debt amount of KRW 14540, August 19, 2011 (hereinafter referred to as “instant collateral security”) as the joint security, and leased KRW 2,653,70,000 to B and B.
(hereinafter “instant loans”) C.
The Plaintiff’s partial repayment of the instant loan and additional registration of partial transfer of the instant right to collateral security (1) C filed a claim against the Plaintiff on September 6, 2012 after having notified the Plaintiff of the occurrence of a guarantee accident due to a natural body after April 8, 2012. The Plaintiff filed a claim against C for the performance of the guaranteed obligation on October 18, 2012, by subrogationing B on behalf of B, 1,156,624,838 won (= Principal 1,123,920,000 won).