구상금 등 청구의 소
1. As to each real estate listed in the separate sheet:
A. A sales contract concluded on February 27, 2013 between the Defendant and Nonparty A is concluded between the Defendant and Nonparty A.
1. Basic facts
A. On December 22, 2011, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Tae Young-young SPS Co., Ltd. (hereinafter “ Tae Young-young SPS”), whereby the guaranteed amount is KRW 2550 million, and the guarantee period is changed to September 7, 2012 (e.g., the guarantee period was changed to September 6, 2013), and issued a credit guarantee agreement to Tae Young-young PPS in accordance with the said credit guarantee agreement.
B. In the event that the Plaintiff performed the guaranteed obligation, Tae Young APS agreed to pay the Plaintiff the amount of the guaranteed obligation, the amount of the guaranteed obligation, the damages for delay in accordance with the interest rate determined by the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment, the additional guarantee fee for the unredeemed guaranteed obligation, the expenses incurred in the enforcement or preservation of the Plaintiff’s right, etc., and A jointly and severally guaranteed all the indemnity obligations owed to the Plaintiff
C. On December 23, 2011, Tae Young-young LAS borrowed KRW 300 million from the National Bank of Korea (hereinafter “National Bank”). On November 27, 2012, the credit guarantee accident occurred that, due to the delay of principal, lost the benefit of time due to the delay of principal, the Plaintiff paid the principal amount of KRW 259,945,253 (i.e., the principal amount of KRW 255 million) to the National Bank in subrogation of Tae Young-young U.S. on February 21, 2013.
After that, the Plaintiff recovered KRW 1,789,190 out of the amount of subrogated payment on February 21, 2013, and thus, the remaining amount of subrogated payment was KRW 258,156,063 (i.e., KRW 259,945,253 - KRW 1,789,190) and 588 won was determined delay damages for the amount of recovery.
On the other hand, on February 27, 2013, A had to sell each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) between the Defendant and the purchase price of KRW 346 million.