구상금 등 청구의 소
1. The Plaintiff:
A. As to KRW 1,376,44,925 and KRW 1,366,54,945 among the costs and KRW 1,366,54,945, Defendant A, from November 21, 2016 to March 27, 2017.
1. Facts of recognition;
A. 1) The Plaintiff signed a credit guarantee agreement with D Co., Ltd. (hereinafter “Nonindicted Company”)
B) Between the Non-Party Company and the New Bank Co., Ltd. (hereinafter “New Bank”)
In order to secure the repayment of principal and interest of loans, each credit guarantee agreement with the following contents (hereinafter referred to as “the first credit guarantee agreement”) and the second credit guarantee agreement with the following table (hereinafter referred to as “the second credit guarantee agreement”) shall be referred to as “the instant credit guarantee agreement”.
(1) Upon receipt of a credit guarantee agreement, Defendant A entered into a credit guarantee agreement under the credit guarantee agreement of this case, and Defendant B jointly and severally guaranteed the obligation to the Plaintiff of the non-party company under the credit guarantee agreement of this case, and the obligation to the Plaintiff of the non-party company under the first credit guarantee agreement of this case. On October 20, 2017, Defendant A and B issued a credit guarantee agreement of 945,000,000,000 on May 20, 2015, on May 20, 2016 (amended to May 19, 2017), the Plaintiff agreed on the credit guarantee agreement between the new bank and the non-party A2 as the collateral guarantee agreement of 1,000,000 won under the credit guarantee agreement of the non-party A and the second credit guarantee agreement of 205,000,0000 won on July 1, 201, 2005, 2015.
Article 3 (Payment of Guarantee Fees, etc.) (3) If the non-party company fails to discharge the principal obligation within the period for the performance of the principal obligation, it shall be the payment of penalty calculated by multiplying the amount of performance bond of the guaranteed obligation by the rate calculated by adding 0.5% per annum to the rate of guarantee.
Article 10 (Scope of Repayment) (1) When the plaintiff performs the guaranteed obligation, the non-party company and the joint guarantor shall immediately repay the following amounts:
(b).