구상금 등
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. Facts of recognition;
A. 1) Co-Defendant A Co-Defendant A Co-Defendant A Co., Ltd. (former trade name: F, G Co., Ltd.; hereinafter “A”) in the first instance trial
Industrial Bank of Korea (hereinafter referred to as “Corporate Bank”)
In order to obtain a loan from the Plaintiff, the Plaintiff entered into a credit guarantee agreement between March 4, 2008 and March 3, 2010, including the maximum amount of KRW 800,000,000, and the transaction period from March 4, 2008 to March 3, 2010 (hereinafter “the instant credit guarantee agreement”).
2) Defendant C, as his spouse, was a co-defendant B of the first instance trial, the representative director of A, and his spouse, was a director of A, and the same day, jointly and severally guaranteed the obligations of A to the Plaintiff under the said credit guarantee agreement.
3) On March 6, 2008, the Plaintiff’s credit guarantee certificate No. H, the guaranteed amount of KRW 170,000,000, and the credit guarantee certificate No. 1 until March 5, 2009 (hereinafter “instant credit guarantee certificate”) by March 5, 2009.
(B) A credit guarantee statement No. 1, 510,00,000 won in guarantee number I, amount guaranteed on March 7, 2008, and credit guarantee statement No. 2 until March 6, 2009 (hereinafter “Guarantee No. 2”).
A issued each of the above credit guarantee statements as security. A loaned 174,90,000 won for small and medium enterprise purchase funds, 570,967,140 won for corporate purchase funds on March 7, 2008, and 745,867,140 won in total, and 745,867,140 won for corporate purchase funds on March 7, 2008. 4) In entering into the instant credit guarantee agreement with the Plaintiff, upon the Plaintiff’s performance of the credit guarantee obligation, A agreed to pay the Plaintiff the amount of subrogation and its delay damages, confirmation damages, penalty, and legal procedure.
The rate of damages determined by the Plaintiff applicable to the instant case is 12% per annum.
5. While the term of guarantee of Nos. 1 and 2 was extended until September 3, 2013, the Plaintiff extended the term of guarantee of No. 1 to October 2, 2013, respectively, until September 3, 2013, and the term of guarantee of No. 2 was extended to September 3, 2014. The Defendants consented thereto.
At the time, it was applied.