구상금 등 청구의 소
1. Defendant A’s KRW 33,332,910 as well as 11% per annum from November 21, 2013 to January 6, 2014, respectively, to the Plaintiff.
On March 25, 2013, the Plaintiff entered into an export credit guarantee agreement stipulating that the guarantee limit shall be 30,000,000 won and the guarantee period shall be the end of September 27, 2013 (hereinafter “instant agreement”) with Puen Entertainment Co., Ltd. (hereinafter “Pan Entertainment”), with respect to cultural export transaction by the non-party company, as to the obligations of loans that the non-party company will take out and incur from the new bank (hereinafter “Nan Bank”), and the non-party company shall be jointly and severally liable to the Plaintiff in accordance with the instant agreement. < Amended by Act No. 11690, Sep. 27, 2013; Act No. 11688, Mar. 25, 2013; Act No. 11688, Sep. 27, 2013>
At the time of the instant agreement, the Plaintiff, the Nonparty Company, and the Defendant A agreed to reimburse the Plaintiff for the insurance amount secured by the Plaintiff before the Plaintiff pays the insurance amount to the Nonparty bank, even if there was no notification or peremptory notice from the Plaintiff, in case where the grounds for registration of bad credit information by the Korea Federation of Banks under the “Credit Information Management Rules” have occurred, or where it is deemed that the credit status has significantly deteriorated and it is objectively necessary to preserve the claim.
On April 6, 2010, the non-party company entered into a loan contract with the non-party bank with a loan amount of KRW 800 million as security, and changed the terms and conditions of credit transaction, such as credit amount and maturity. According to the changed agreement entered into on March 27, 2013, the principal amount of the non-party company's loan obligations to the non-party bank was KRW 330,00,000 and the maturity date was September 27, 2013.
On October 4, 2013, the non-party company lost the interest due to delinquency in payment of the above loan. On November 20, 2013, the Plaintiff subrogated for KRW 333,332,910 to the non-party bank.
The plaintiff and the non-party company of this case.