구상금
1. As to Defendant Limited Partnership Company A and B’s joint and several costs KRW 102,426,036 and KRW 100,427,589, among them, the Plaintiff. < Amended by Presidential Decree No. 25488, Jul. 15, 2014>
1. Basic facts
A. On April 25, 2013, the Plaintiff entered into a credit guarantee agreement between Defendant Limited Partnership Company A (hereinafter “Defendant Company”) with the guaranteed principal as of April 24, 2014 (hereinafter “instant credit guarantee agreement”); and Defendant B jointly and severally guaranteed the obligation owed by Defendant Company under the said credit guarantee agreement.
B. Under the Plaintiff’s above credit guarantee, the Defendant Company borrowed KRW 121,80,000 from the new bank (hereinafter “new bank”).
C. In the event that the Plaintiff performed the guaranteed obligation under the credit guarantee agreement of this case, the Defendant Company and Defendant B agreed to reimburse the amount of the Plaintiff’s subrogation and the damages for delay, penalty, and subrogation in accordance with the rate set by the Plaintiff.
On December 26, 2013, the Defendant Company lost the interest due to delay in payment of interest to the new bank. On July 15, 2014, the Plaintiff paid KRW 100,427,589 ( principal interest of KRW 97,440,00, KRW 2,987,589) to the new bank as a result of the performance of the guaranteed obligation under the credit guarantee agreement of this case.
E. Penalty for the amount paid by the Plaintiff pursuant to the credit guarantee agreement of this case is KRW 454,090, and the expenses paid for the execution and preservation of the claim for indemnity are KRW 1,544,357.
F. On the other hand, on December 2, 2013, Defendant B sold to Defendant C real estate listed in the separate sheet (hereinafter “instant real estate”) that it owned (hereinafter “instant real estate”) at KRW 370 million.
(hereinafter referred to as “instant sales contract”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 through 9, and the purport of the whole pleadings
2. According to the facts of the above recognition of the portion of the claim for reimbursement, the defendant company and Eul jointly and severally with the plaintiff 102,426,036 won (10,427,589 won by subrogation) and 100,427,589 won by subrogation (1,54,357 won by subrogation) and the copy of the complaint in this case from July 15, 2014.