구상금 등 청구의 소
1. Defendant A, B, C, and D are jointly and severally liable to the Plaintiff for KRW 176,016,805 and KRW 174,144,558 among them. < Amended by Act No. 14089, Mar. 3, 2016>
1. Basic facts
A. The Plaintiff and the Defendant A, a credit guarantee agreement, etc. between the Plaintiff and the Defendant A on August 13, 2009, are as follows: Defendant A (former trade name: E; hereinafter “Defendant A”).
(i) a credit guarantee agreement with the guaranteed principal of KRW 200,000,000, and the term of the guarantee on August 13, 2010 ( thereafter, the term of the guarantee principal and the term of the guarantee were finally changed and the guarantee principal were finally changed to KRW 171,00,000, and the term of the guarantee was changed to February 5, 2016;
The credit guarantee agreement of this case is referred to as the "credit guarantee agreement of this case"
On August 14, 2009, Defendant A entered into a credit guarantee agreement of this case with the National Bank of Korea (hereinafter “National Bank”), which was issued by the Plaintiff, as security.
2) A loan of KRW 200,000,000 (hereinafter referred to as “instant loan”)
(2) At the time of the instant credit guarantee agreement, Defendant A agreed to pay the Plaintiff the amount of the instant loan made by the Plaintiff on behalf of the Plaintiff for the performance of the guaranteed obligation, (1) the amount of the obligation to discharge the guaranteed obligation, (2) the amount of the obligation to discharge the guaranteed obligation calculated at the rate determined by the Plaintiff (10% per annum from February 1, 2016 to the date of full payment of the guaranteed obligation), (3) the additional guarantee fee calculated by multiplying the amount of the terminated guaranteed obligation by the rate of 0.5% added to the annual rate of 0.5% as determined by the Plaintiff, and (4) the expenses incurred for the preservation of the right acquired through the performance of the guaranteed obligation. Defendant B, C, and D agreed to pay the joint and several surety (hereinafter “joint and several surety”).
B. On November 30, 2015, Defendant A lost the benefit of time by failing to pay the interest on the instant loan. 2) On January 7, 2016, Defendant A notified the Plaintiff of the occurrence of a guarantee accident caused by the overdue interest of Defendant A, and filed a claim for the performance of the guaranteed obligation.