구상금
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 694,574,217 as well as KRW 689,852,370 as to the Plaintiff’s KRW 689,852,370 from April 12, 2019 to June 12, 2019.
1. Facts of recognition;
A. From October 27, 2017 to October 26, 2018, Defendant A Co., Ltd. entered into a credit guarantee agreement with the Plaintiff, setting the guarantee period from October 27, 2017 to October 26, 2018, setting the guaranteed principal amount as KRW 671,50,000, under the joint and several guarantee guarantee of Defendant B and Defendant C, and received loans by submitting a guarantee certificate to E Bank Chuncheon branch (hereinafter “E Bank”).
B. Article 10 of the above Credit Guarantee Agreement provides that when the Plaintiff fulfilled the above credit guarantee obligation, the Defendants shall pay to the Plaintiff the amount of the performance of the guaranteed obligation and the amount of damages calculated by multiplying the amount by the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment (8% per annum from April 1, 2019). The expenses incurred by the Plaintiff in the performance of the guaranteed obligation and the expenses incurred in the preservation, transfer, exercise of the right acquired by the Plaintiff through the performance of the guaranteed obligation, and the expenses incurred in the preservation
C. Meanwhile, Defendant A Co., Ltd. caused a credit guarantee accident due to delinquency in principal, etc., and the Plaintiff subrogated for the amount of KRW 689,852,370 on April 12, 2019 upon Nonparty A’s request for performance of guaranteed liability (= principal amount of KRW 671,50,000, KRW 18,352,370).
In addition, the expenses (legal procedure expenses) incurred by the Plaintiff in preserving, transferring, and exercising the right acquired through the performance of the above guaranteed obligation are KRW 1,219,017, and penalty is KRW 3,502,830.
[Ground of recognition] B between the plaintiff and the defendant corporation A and the defendant corporation: The above defendants submitted a formal written objection after receiving the application for the payment order of this case, and did not appear in the court without submitting a specific answer, so it is deemed that they led to the confession of the plaintiff's assertion in accordance with Article 150 (3) and (1) of the Civil
Between the plaintiff and the defendant C: Each entry in Gap evidence 1 through 8 (including branch numbers), and the purport of the whole pleadings
2. Determination.