구상금등
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 84,335,945 as well as KRW 84,335,512 as to the Plaintiff. < Amended by Act No. 15083, Dec. 2, 2017>
1. Facts of recognition;
A. On October 20, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) with the principal of the credit guarantee amounting to KRW 107,100,000, and from October 20, 2016 to October 19, 2021, and Defendant B (the representative director of Defendant A) jointly and severally guaranteed the Plaintiff’s liability for indemnity under the credit guarantee agreement.
2) Defendant A was loaned KRW 126,00,000 from E bank as security a credit guarantee under the above credit guarantee agreement.
3) Upon the occurrence of an accident of guarantee by Defendant A due to the overdue interest on loans and the closure of a place of business on November 22, 2017, the Plaintiff subrogated the payment of KRW 85,918,92 to E Bank on December 21, 2017 in accordance with the credit guarantee agreement as above, and the amount of KRW 1,583,480 on the same day is collected and the amount of subrogated repayment is KRW 84,335,512.
4) On the other hand, the rate of damages for delay of agreement determined by the Plaintiff from the date of the above subrogation is 10% per annum.
B. Defendant C, who run the “F”, from April 201, supplied food materials, etc. to Defendant B who run the “G” from around April 1, 201; on July 17, 2013, Defendant B established the Defendant A corporation, and continued to supply food materials, etc. to Defendant A; and Defendant B jointly and severally guaranteed the aforementioned goods payment obligation.
2) On March 29, 2011, Defendant B entered into a collective security agreement with Defendant B on March 29, 201, the maximum amount of claims KRW 100 million, Defendant B, and Defendant C, the mortgagee, the mortgagee, and the mortgagee C, as joint collateral, to secure the goods payment obligation while engaging in the first transaction with Defendant C, and completed the registration of establishment of the collective security agreement on March 30, 201.
In this regard, on April 28, 2014, Defendant C cancelled the registration of the establishment of the right to collateral security on H apartment units among the above joint collateral in order for Defendant B to obtain a loan from the bank. On May 2, 2014, E Bank completed the registration of the establishment of the right to collateral security of KRW 142,00,000 on the above H apartment units, and May 2014.