구상금
1. The Defendants shall jointly and severally file with the Plaintiff KRW 92,950,436 as well as KRW 92,329,076 as to the Plaintiff. < Amended by Presidential Decree No. 2632, Jun. 11, 2015>
1. Basic facts
A. On February 27, 2013, the Plaintiff entered into a credit guarantee agreement with the Defendant Company A (hereinafter “Defendant Company”) on a loan obligation of KRW 100 million from a new bank by setting the guarantee amount to KRW 90 million, and the guarantee period to February 26, 2014. On February 24, 2014, the Plaintiff changed the guarantee period to February 25, 2015.
B. On February 26, 2014, the Defendant Company borrowed KRW 100 million from the new bank on the same day, and thereafter extended the lending period.
C. On December 28, 2014, Defendant Company began to delay the repayment of interest on the loan, and delayed the repayment of principal and interest at the due date.
On June 11, 2015, the Plaintiff subrogated for KRW 92,329,076,000 in total, and interest KRW 2,329,076, total of KRW 90,000,000 for the principal and interest on June 11, 2015.
E. Under a credit guarantee agreement between the plaintiff and the defendant company, the amount of debts owed by the defendant company to the plaintiff shall be 92,950,436 won, plus 621,360 won in accordance with the guarantee rate increased by the amount of subrogation and the period from the day following the date following the date of payment by subrogation, and damages for delay by 12% in proportion to the agreed delay rate of 92,329,076 won.
[Ground of recognition] Uncontentious facts, entry of Gap evidence 1-1 to Gap evidence 7, purport of whole pleadings
2. According to the facts seen above, the Defendant Company is obligated to pay to the Plaintiff the amount of KRW 92,950,436 and the amount of subrogated payment of KRW 92,329,076, the amount of delay interest rate of KRW 12% per annum from June 11, 2015, which is the date of subrogation, to August 3, 2015, which is the date of final delivery of a copy of the instant complaint, and 20% per annum from August 4, 2015 to September 30, 2015, which is the following day, from August 4, 2015 to September 30, 2015, and 15% per annum from October 1, 2015 to the date of full payment.
3. Claim against the defendant B
A. The facts of recognition 1) Defendant Company: (a) has its head office “A” with the trade name of “A” and “A” with the name of “A”, and (b) on February 2005, A (D site, and E” site on March 2013.