구상금
1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.
Defendant and the co-defendant A.
1. Facts of recognition;
A. On November 25, 2016, the Plaintiff entered into a credit guarantee agreement with a co-defendant A (hereinafter referred to as “A”) under which the term “C Bank” (hereinafter referred to as “C Bank”) stipulates that the guaranteed principal is KRW 170,000,00, and the guarantee period is from November 25, 2016 to November 24, 2017 (hereinafter referred to as “instant credit guarantee agreement”), and issued a written credit guarantee.
B. According to the instant credit guarantee agreement, upon the Plaintiff’s performance of the guaranteed obligation to C Bank, A shall pay the Plaintiff the amount of subrogation and the damages for delay calculated at the interest rate determined by the Plaintiff, penalty, expenses incurred in exercising or preserving the Plaintiff’s rights, etc.
C. On November 25, 2016, A was granted a loan of KRW 200,000,000 from C Bank under the pretext of a corporate general financing loan pursuant to the above credit guarantee agreement.
However, after the closure of D, which A operated, caused a credit guarantee accident on November 24, 2017. Accordingly, on February 28, 2018, the Plaintiff subrogated to C Bank for KRW 172,448,931 ( principal KRW 170,00,000 to February 27, 2018) pursuant to the credit guarantee agreement in this case. As such, the penalty that A shall pay to the Plaintiff as a result of performing the guaranteed obligation is KRW 973,420, and legal procedure expenses are KRW 417,122, and the rate of damages for delay determined by the Plaintiff is 10% per annum from February 1, 2016.
E. Meanwhile, A borrowed KRW 65,00,000 on February 20, 2017 and KRW 40,000,00 on March 3, 2017, respectively, from his/her her kys, and completed the registration of the right to claim transfer of ownership on May 25, 2017, each of the real estate listed in the separate sheet, the sole property of which is his/her kys, in order to secure the above loan obligation, under the name of the Defendant on March 3, 2017.
(f) Each of the above real estates is “each of the instant real estates” and “the instant promise to sell and purchase” (hereinafter referred to as “instant promise to sell and purchase”). A’s creditor and each of the instant real estates.