구상금
1. Defendants are jointly and severally liable to the Plaintiff for KRW 225,120,509 and KRW 224,294,465 among them, Defendant B shall be jointly and severally liable to the Plaintiff on October 30, 2017.
1. Facts of recognition;
A. On April 21, 201, the Plaintiff: (a) determined that KRW 320,00,000 to the Industrial Bank of Korea of Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”); (b) the guarantee limit was 272,00,000,000; and (c) the guarantee period was 272,00,000; and (d) the Defendant Co., Ltd, as a director of the Defendant Co., Ltd., Ltd., jointly and severally guaranteed the Defendant Co., Ltd.’s liability for indemnity against the Plaintiff based on the instant guarantee agreement.
B. B. Before April 19, 2013, the Plaintiff and the Defendant Company extended the guarantee period of the instant case to April 18, 2014, and Defendant B consented thereto.
The Plaintiff and the Defendants continued to extend the guarantee period of this case on a yearly basis as above, and the final guarantee period was up to April 13, 2018.
C. The Defendant Company delayed the payment of principal and interest of loans to the Industrial Bank of Korea, and the Plaintiff repaid KRW 245,406,395 to the Industrial Bank of Korea on October 30, 2017 pursuant to the instant guarantee agreement.
The Plaintiff recovered KRW 21,111,930 out of the amount of subrogated payment, and the amount of finalized damages up to November 7, 2018 under the instant guarantee agreement is KRW 826,044.
On the other hand, the interest rate for delay on the guarantee agreement of this case set by the Plaintiff is 10% per annum.
After such subrogation, the Plaintiff entered into an agreement with C, the representative director of the Defendant Company, on the installment repayment of KRW 243,500,000, out of the amount of indemnity due to the said subrogation (hereinafter “instant repayment agreement”). However, C failed to pay the full amount of the obligation under the instant repayment agreement.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6 (including branch numbers for those with additional numbers), Gap evidence No. 8, Eul evidence No. 1, the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant company is a guarantor of the guarantee agreement of this case, and the defendant B is a joint and several surety of the defendant company's indemnity liability, and the amount of subrogation under the guarantee agreement of this case is 24,294.