구상금
1. As to Defendant A and B’s joint and several liability for KRW 907,403,420 and KRW 907,403,286 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on August 26, 2015.
1. Basic facts
A. (1) The Plaintiff entered into the instant credit guarantee agreement, etc.) on May 23, 2012, Defendant A Co., Ltd. (hereinafter “A”).
The term of credit guarantee principal was changed on May 22, 2013 between the credit guarantee principal of KRW 900 million and the term of credit guarantee (after that, November 20, 2015).
(1) The National Bank of Korea (hereinafter referred to as the “National Bank”)
(i) a credit guarantee agreement with the terms of the credit guarantee agreement (hereinafter referred to as “instant credit guarantee agreement”).
(2) At the time, Defendant A, a representative of Defendant A, had concluded a credit guarantee agreement in accordance with the credit guarantee agreement in this case, jointly and severally guaranteed the obligation of indemnity to the Plaintiff by Defendant A. (2) Defendant A submitted a credit guarantee agreement in accordance with the credit guarantee agreement in this case to a national bank and received a loan of KRW 1 billion from the national bank.
B. On June 23, 2015, when a credit guarantee accident occurred, such as the occurrence of a credit guarantee accident and the closure of business by Defendant A, the Plaintiff subrogated to the National Bank on August 26, 2015 (i.e., the principal amount of KRW 907,81,506 (i.e., KRW 7,81,506) pursuant to the credit guarantee agreement of this case (i.e., the principal amount of KRW 900,81,506) pursuant to the credit guarantee agreement of this case. (ii) After which the Plaintiff collected KRW 408,220 from the Defendant and appropriated it for the amount of subrogated payment, the amount of subrogation based on the credit guarantee agreement of this case remains 907,403,286 (i.e., KRW 907,811,506 (i., KRW 408,220).
3) Meanwhile, according to Article 10 of the Credit Guarantee Agreement, the Plaintiff shall receive damages for delay calculated at the rate determined by the Plaintiff from the date of performance of the obligation to the date of repayment. However, the rate of damages for delay determined by the Plaintiff from the date of subrogation to the date of repayment is 12% per annum. Defendant B, including the conclusion of the instant mortgage contract, etc., on November 24, 2014, including the conclusion of the instant mortgage contract, is each real estate listed in the separate sheet (hereinafter “instant real estate”).
A) As to the mortgage contract, the mortgage contract (hereinafter “mortgage contract”).