구상금
1. Defendant A and B jointly and severally committed against the Plaintiff as to KRW 63,592,315 and KRW 63,087,883 among them, from August 30, 2013.
1. Basic facts
A. (1) The Plaintiff entered into a credit guarantee agreement with Defendant A in obtaining a loan from Defendant A Daegu Bank (hereinafter “each of the instant credit guarantee agreements”) as set out in the following table, and issued a credit guarantee agreement to Daegu Bank on the same day, and received each of the loans from the Defendant AF Bank as collateral security.
On August 7, 2006, E (1) the amount of loan extended on the date of the original guarantee term loan (200,000,000 on August 6, 2013, the Defendant A, the husband of the Defendant A, under each credit guarantee agreement of this case, guaranteed all the Defendant A’s obligations to the Plaintiff on August 31, 2014, under each of the credit guarantee agreements of this case. < Amended by Presidential Decree No. 19504, Feb. 31, 2009; Presidential Decree No. 18175, Feb. 37, 2000; Presidential Decree No. 18748, Feb. 37, 2009; Presidential Decree No. 18700, Feb. 37, 2009>
(2) According to each credit guarantee agreement of this case, where the plaintiff fulfills the guaranteed obligation under a credit guarantee agreement, the principal debtor and the joint guarantor shall repay to the plaintiff ① the amount of subrogation paid by the plaintiff for the performance of the guaranteed obligation and damages for delay calculated by the plaintiff's fixed rate of damages for delay from the date of performance of the obligation to the date of repayment, ② expenses incurred in the performance of the guaranteed obligation, expenses incurred in the exercise of the right acquired through the performance of the guaranteed obligation, and damages for delay
On the other hand, the rate of delay damages determined by the Plaintiff is 12% per annum.
B. The Plaintiff’s subrogated payment of interest on each of the loans of the Daegu Bank was in arrears on May 9, 2013, and the occurrence of a guarantee accident on May 9, 2013. Based on each of the instant credit guarantee agreements, the Plaintiff repaid to the Daegu Bank the remainder of KRW 6,290,000, the total of KRW 55,200,000 and interest KRW 1,426,665 in relation to the primary guarantee, and KRW 56,626,065 in relation to the secondary guarantee.
On the other hand, the penalty determined by the Plaintiff is KRW 958,680, and the Plaintiff.