구상금 등
1. As to Defendant Limited Partnership Company A and B jointly and severally KRW 238,708,094 and KRW 156,305,735 among them, the Plaintiff shall be jointly and severally liable. < Amended by Presidential Decree No. 27505, Sep. 1, 20
1. Facts of recognition;
A. On April 27, 2010, the Plaintiff concluded a credit guarantee agreement (hereinafter referred to as “credit guarantee agreement”) with Defendant Limited Partnership Company A (hereinafter referred to as the “Defendant Company”) with the terms of a credit guarantee agreement signed on April 27, 201 (hereinafter referred to as “credit guarantee agreement”) with the coverage amount of 80,000,000 won, and the term of guarantee of 27, 2011 (amended by October 21, 2016). < Amended by Act No. 152, Apr. 27, 2010; Act No. 152,00,000,000; Act No. 10837, Apr. 27, 2011 (hereinafter referred to as “second guarantee agreement”).
Defendant B jointly and severally guaranteed each indemnity obligation owed by the Defendant Company to the Plaintiff according to the guarantee contract Nos. 1 and 2.
B. On April 27, 2010, the Defendant Company obtained a loan of KRW 100,000,000 from the Nonghyup Bank as a general loan subject (hereinafter “third loan”). On June 18, 2010, the Defendant Company obtained a loan of KRW 190,000 from an enterprise bank as a small and medium enterprise loan subject (hereinafter “second loan”) in accordance with a guarantee contract under the second guarantee contract on June 18, 2010.
C. The Defendant Company paid interest on the first loan from May 28, 2016 to May 10, 2016, in arrears with interest on the second loan from May 11, 2016 to July 11, 2016, and caused a credit guarantee accident on the ground of this natural body. The Plaintiff subrogated each of the total amount of KRW 156,305,735 (interest on the guaranteed principal amount of KRW 150,000,000, KRW 4,305,735), upon a request for implementation under the first guarantee contract by the Nonghyup Bank on September 28, 2016, upon a request for implementation under the first guarantee contract by the Nonghyup Bank on September 28, 2016 (principal amount of KRW 81,524,852 (interest on the guaranteed principal of KRW 80,00,00, KRW 1524,524,852).
The plaintiff paid KRW 877,507 to the defendant company for legal procedure costs in order to execute or preserve the claim for indemnity.
On June 20, 2016, Defendant B, the representative member of Defendant C, entered into a mortgage contract (hereinafter “instant mortgage contract”) with the Defendant on the real estate indicated in the attached list owned by the Defendant C (hereinafter “instant real estate”) and on the same day.