구상금 등 청구의 소
1. Defendant A and B jointly pay the following amount to the Plaintiff:
(a) 268,848,164 won;
B. The above A.
The Plaintiff entered into a basic fact-based credit guarantee contract with Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”), as listed below, and entered into each credit guarantee contract (hereinafter referred to as “instant guarantee contract”) to secure the principal and interest of a loan from a national bank (hereinafter referred to as “instant guarantee contract”), as set forth in attached Table 1.
On April 5, 2013, 2012, the guarantee principal of the National Bank loan guaranteed on the date of the contract (the extension to April 3, 2015) KRW 100,000,000 (the extension to April 3, 2015) (10,000,000) (the alteration to KRW 90,000,000)) was 100,000,000 on March 29, 2013 (the extension to March 27, 2015) and KRW 90,000,000,000 on KRW 30,00,003 on March 29, 2013 (the extension to March 27, 2015) and all of the Plaintiff’s joint and several surety’s debt obligations were modified to Defendant A’s KRW 90,000,000 on March 29, 200, 2007
According to Articles 3 and 10 of the instant guarantee agreement, where the Plaintiff performs the guaranteed obligation under the guarantee agreement, the primary debtor and the joint guarantor shall reimburse the Plaintiff, ① the amount of the Plaintiff’s performance of the guaranteed obligation, and damages for delay calculated by multiplying the amount of the Plaintiff’s performance of the guaranteed obligation, and damages for delay as determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment, ② the expenses incurred in the performance of the guaranteed obligation, and the expenses incurred
From June 25, 2015, the rate of delay damages determined by the Plaintiff from June 25, 2015 is 12% per annum.
On March 3, 2015, the occurrence of a guarantee accident, and the payment of principal and interest to the national bank by the defendant A by subrogation of the plaintiff caused a guarantee accident.
On June 25, 2015, the Plaintiff’s attached Table 2]
As stated in the paragraph, the sum of 267,02,404 won was subrogated.
On the other hand, additional guarantee fees for each of the instant guarantee contracts are attached to the same Table.
As stated in this paragraph, the plaintiff is entitled to make a statement.