구상금
1. Defendants are jointly and severally liable for 399,449,185 won and 399,447,175 won among them. < Amended by Presidential Decree No. 25508, Sep. 17, 2014; Presidential Decree No. 26420, May 27, 2015>
1. Facts of recognition;
A. The Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (Co., Ltd. before the change; hereinafter the Defendant Co., Ltd.), and obtained a loan of the guarantee period on July 22, 2008 up to July 21, 2009; the guarantee period of KRW 93.5 million (guarantee Number F); the guarantee period on March 30, 2009 up to March 30, 2010; the guarantee period of KRW 300 million (Guarantee Number G); the Defendant Co., Ltd. issued the guarantee amount to the head of the branch of the branch of the Hando branch of the Korea Exchange Bank at each of the Korea Exchange Bank at which KRW 300 million (Guarantee Number G); the Defendant Co., Ltd. received a loan of KRW 110 million on July 22, 2008; and KRW 300 million on March 30, 2009, respectively.
B. Defendant B (Opening Name C) and Defendant D, their spouse, who is the representative director of the Defendant Company, agreed to pay jointly and severally with the Defendant Company a compensation for delay calculated by multiplying the performance amount of the guaranteed obligation and its amount by the rate determined by the Plaintiff from the date of performance to the date of repayment, as well as the amount calculated by the method of calculation, etc. calculated by the Plaintiff’s calculation from the date of performance to the date of repayment.
C. On September 17, 2014, the Plaintiff subrogated to the Korea Exchange Bank for the principal amounting to 401,757,667 won (=principal amounting to 391,813,553 KRW 9,94,114).
As of June 9, 2015, the Plaintiff did not receive KRW 399,447,175 with fixed interest and KRW 2,101 from the Defendant Company, and the rate for delay from the date of subrogation to the date of repayment is 12% per annum.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 12 (including virtual number), the purport of the whole pleadings
2. According to the facts of recognition as above, the Defendants jointly and severally paid to the Plaintiff the amount of subrogated and final interest, totaling KRW 399,449,185, and KRW 399,447,175 among them, up to May 27, 2015, which is the last delivery date of the complaint of this case, from September 17, 2014, which is the date of subrogation, to the last delivery date of the complaint of this case (the Defendant’s written objection for payment order).