구상금
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,039,293,651 and KRW 1,018,155,749 among them. < Amended by Act No. 1560, Feb. 28, 2018>
1. Basic facts
A. The Plaintiff, a management institution of the Agricultural and Fishery Business Credit Guarantee Fund, concluded a credit guarantee contract with Defendant B Agricultural Partnership Corporation (hereinafter “Defendant Corporation”) on the joint and several guarantee of the Defendant C regarding the credit guarantee side loans from the Yang-gun Branch of the Bank, both of which are as follows:
1) A credit guarantee contract dated October 7, 2014 (hereinafter “first credit guarantee contract”)
- Amount of security: 170 million won (guarantee rate: 85%) - Guarantee period: 2 from October 7, 2014 to October 7, 2017) a credit guarantee contract (hereinafter referred to as “second credit guarantee”) made on August 10, 2015 - A guarantee period of KRW 850 million (850 million: 85 percent) - Guarantee period: from August 10, 2015 to August 10, 2018.
B. The Defendant Corporation submitted a credit guarantee certificate issued by the Plaintiff under the above credit guarantee contract to the above financial institution, and received the loan, but did not pay the principal and interest of loan. On December 28, 2017, the Plaintiff subrogated for the payment of the principal amount of KRW 165,268,078 (=the principal amount of KRW 161,932,768) and KRW 858,150,684 in relation to the secondary credit guarantee (=the principal amount of KRW 85,150,684).
C. On March 2, 2018, the Defendant Company filed an application for corporate rehabilitation with the Gwangju District Court 2018 Gohap5007, but the decision was rendered on July 9, 2018 without authorization of the rehabilitation plan.
As of February 28, 2018, the Defendant Company’s obligation to pay to the Plaintiff (i) KRW 169,021,092 in relation to the first credit guarantee (i.e., KRW 165,268,078 in subrogation) (i.e., KRW 3,368,752 in attempted payment of KRW 38,752 in subrogation). (ii) KRW 870,272,559 in relation to the second credit guarantee (i.e., KRW 852,87,671 in subrogation), and the agreed interest rate for delay in subrogation is 12% per annum.
[Grounds for recognition] Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings
2. According to the above facts, the defendant corporation as the principal debtor and the defendant as joint and several sureties.