구상금 등
1. Defendant A, B, and C jointly and severally against the Plaintiff KRW 491,54,417 and KRW 489,868,658 among them. < Amended by Act No. 11845, May 2013>
1. Basic facts
A. On April 3, 2007 and October 22, 2008, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”), and Defendant B and C jointly and severally guaranteed the Defendant Company’s obligations.
B. On January 7, 2013, an enterprise bank, a lending bank, notified the Plaintiff of the occurrence of a credit guarantee accident due to the loss of profit by December 31, 2012 by the Defendant Company. On May 8, 2013, the Plaintiff paid KRW 490,280,208 on behalf of the Defendant Company to an enterprise bank.
C. Meanwhile, on August 27, 2013, the Defendant Company registered the transfer of the right to the patent indicated in the separate sheet (hereinafter “instant patent”) to Defendant D on the ground of the transfer agreement concluded on August 27, 2013 (hereinafter “instant transfer agreement”).
[Based on the recognition] O Defendant Company, B, and D: The absence of dispute, each entry in Gap evidence Nos. 1 through 7, the purport of the whole pleadings, and U.S. Defendant C: Confession (Article 150(3) and (1) of the Civil Procedure Act)
2. According to the facts of the above recognition as to the claim against Defendant Company B, B, and C, the Defendant Company, B, and C are jointly and severally liable to pay to the Plaintiff the amount of KRW 491,54,417 (the amount of KRW 489,868,658, and the amount of KRW 15,154 (the amount of KRW 1,660,60,605) remaining after the recovery of the claim and the amount of delay compensation for the principal amount of KRW 489,868,658.
3. Determination as to the claim against Defendant D
A. On or before August 27, 2013, the date when the transfer contract of this case was concluded, the existence of the preserved claim was notified the Plaintiff of the occurrence of a credit guarantee accident due to the loss of interest within the period of the Defendant Company. On May 8, 2013, the Plaintiff paid KRW 490,280,208 to a corporate bank on behalf of the Defendant Company on behalf of the Defendant Company was as seen earlier. As such, the Plaintiff owned the indemnity claim against the Defendant Company on May 8, 2013, the date when the transfer contract of this case was concluded.
Therefore, the plaintiff's claim for reimbursement against the defendant company.