구상금
1. As to Defendant A and B’s joint and several liability for KRW 514,955,826 and KRW 514,155,665 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on April 28, 2015.
1. Facts of recognition;
A. The Plaintiff, such as the status of the parties, is a company with the objective of facilitating the financing of the company by guaranteeing the debt of the company which lacks security capacity, and the Defendant Company (former Mutual Company E) is a company with the purpose of manufacturing and selling telecommunications parts and appliances and retail business.
Defendant B is the representative director of the Defendant Company.
B. 1) On August 28, 2006, the Plaintiff entered into a credit guarantee agreement with the Defendant Company with the term of 170 million won, and the term of the credit guarantee agreement with the Defendant Company from August 28, 2006 to August 28, 2007 (hereinafter “the first credit guarantee agreement”).
(2) The Defendant Company issued a written credit guarantee agreement. On August 28, 2006, the Defendant Company obtained a general loan of KRW 200,000 from the Bank as collateral. The term of the above credit guarantee agreement was extended by August 21, 2015. The term of the above credit guarantee agreement was extended by August 24, 2012. The Plaintiff entered into a credit guarantee agreement with the Defendant Company as of May 24, 2012 (Guarantee Number G; hereinafter “the instant secondary credit guarantee agreement”) with the credit guarantee agreement as of May 24, 2013, along with the credit guarantee agreement as of August 28, 2006 as well as the credit guarantee agreement as of August 28, 2006.
(B) The Defendant Company issued a written credit guarantee. On May 25, 2012, the Defendant Company received a general loan of KRW 400,000,000 from the National Bank as collateral. The term of the above credit guarantee agreement was extended until May 22, 2015. (2) Defendant B guaranteed the obligation under the respective credit guarantee agreements of the Defendant Company.
3) The main contents of each credit guarantee agreement of this case are the period during which the Plaintiff paid the respective credit guarantee obligations on behalf of the Defendant Company: ① the amount paid by the Plaintiff on behalf of the Defendant Company and the interest rate (12% per annum from December 1, 2012 to the date of full payment) determined by the Plaintiff from the date of payment on behalf of the Plaintiff to the date of full payment. ② The guarantee fee for the outstanding principal shall be the due date.