구상금
1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 185,450,240 and KRW 184,136,330 among them, respectively. < Amended by Act No. 14455, Feb. 23, 2017>
Facts of recognition
On April 24, 2014, Defendant A Co., Ltd. (hereinafter “Defendant Company”) obtained a loan of KRW 200 million in trade finance from Han Bank Co., Ltd. (hereinafter “ Han Bank”) as collateral for a credit guarantee certificate (guarantee No. C) under an export credit guarantee agreement concluded with the Plaintiff.
Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff in accordance with the above export credit guarantee agreement.
According to the above credit guarantee agreement, where the defendant company's failure to repay the guaranteed debt and the plaintiff discharges the guaranteed debt, the defendant company shall pay to the plaintiff ① the repayment of the guaranteed debt and damages for delay calculated by multiplying the repayment of the guaranteed debt by the overdue interest rate set by the plaintiff from the day after the plaintiff's payment deadline to the day of full payment. ② The execution of the bond (including termination), transfer, exercise,
After December 4, 2016, the Defendant Company delayed the principal, and the Han Bank notified the Plaintiff of the occurrence of a credit guarantee accident on December 29, 2016.
On February 22, 2017, the Plaintiff paid 184,136,330 won to Han Bank.
The payment by subrogation occurred in relation to this is KRW 1,313,910, and the overdue interest rate determined by the plaintiff is 10% per annum.
On December 29, 2015, Defendant B entered into a mortgage agreement with Defendant Jeon bank Co., Ltd. (hereinafter “Defendant Jeon bank”) regarding the real estate indicated in the list of real estate attached Table 1, which is the only property of Defendant B (hereinafter “real estate 1”), with the Defendant Company, the mortgagee, and the maximum debt amount of KRW 300 million. The registration of establishment of a mortgage agreement was completed against Defendant Jeon bank as Seoul Southern Southern District Court’s registration date No. 85956, Dec. 30, 2015.
On November 11, 2016, Defendant B increased the maximum debt amount of the right to collateral security to KRW 300,000,000 from KRW 450,000.