구상금
1. The part against the defendant in the judgment of the court of first instance against the plaintiff falling under the following shall be revoked:
. the defendant.
1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence Nos. 1 through 7 (including the paper number; hereinafter the same shall apply) and Eul evidence Nos. 3, and the purport of the whole pleadings as to the increased Saemaul Savings Depository of the trial court.
On June 11, 2009, the Plaintiff obtained a loan of KRW 100 million from the Busan Bank Co., Ltd. (hereinafter “instant company”), and provided a credit guarantee for repayment and interest obligations owed by the instant company to the said bank.
B. Meanwhile, C, a director of the instant company, and the representative director of the instant company, was jointly and severally guaranteed for all the obligations of the instant company, including the indemnity liability to be borne by the Plaintiff when the Plaintiff performed the guaranteed obligation under the said credit guarantee contract.
C. However, the instant company failed to pay interest from March 21, 2013 due to the aggravation of its financial condition, and there was an accident of guarantee due to delinquency in repayment of principal on or before June 7, 2013, which was the date of principal repayment. Accordingly, the Plaintiff subrogated KRW 97,403,681 to the said bank on August 28, 2013.
Pursuant to Article 28 of the Regional Credit Guarantee Foundation Act and Article 10 of the Credit Guarantee Agreement between the Plaintiff and the instant company, when the Plaintiff subrogated for the guaranteed obligation, the instant company shall pay to the Plaintiff delay damages at the interest rate prescribed by the Plaintiff from the date of subrogation to the date of full payment.
E. According to Article 27 of the Regional Credit Guarantee Foundation Act and Article 3 of the Credit Guarantee Agreement between the Plaintiff and the instant company, if the person to whom the guarantee was given fails to perform his/her obligation within the term of guarantee, he/she shall pay additional guarantee fees according to the Plaintiff’s prescribed interest rate and calculation method. As to the instant company, additional guarantee fees of KRW 316,2
F. The Plaintiff and the instant company