구상금
The defendant shall jointly and severally with limited liability companies C to the plaintiff KRW 139,387,570 and KRW 138,930,812 among them. < Amended by Presidential Decree No. 2489, Nov. 4, 2019>
1. Determination as to the cause of claim
A. On November 21, 2014, the Plaintiff entered into a credit guarantee agreement with C and C (hereinafter “C”) on the request of a limited liability company C (hereinafter “C”) to guarantee the obligation of a loan to be borne by obtaining a loan from D and D Co., Ltd. (hereinafter “D”). Under the instant credit guarantee agreement, the Defendant guaranteed C’s obligation of repayment, such as subrogated payment, etc., to the Plaintiff under the instant credit guarantee agreement. (2) According to the instant credit guarantee agreement, the Plaintiff and C and the Defendant jointly and severally pay the amount of the subrogated payment that the Plaintiff repaid to D and the damages for delay calculated by the ratio of the Plaintiff’s damages for delay, expenses incurred in the performance of the guaranteed obligation.
The rate of damages for delay determined by the Plaintiff is 12% per annum.
3) On November 21, 2014, according to the instant credit guarantee agreement, the Plaintiff issued a credit guarantee certificate with the coverage amount of KRW 136 million, and three years from the date of the guarantee period from the date of the loan. C submitted the said credit guarantee certificate to D and received a loan of KRW 160 million from D. (4) If C did not repay the said loan to D within the terms of this agreement, it claimed for the performance of the guaranteed obligation to the Plaintiff.
On October 25, 2019, the Plaintiff paid a total of KRW 138,936,028, including the above loan and delay damages, etc., in lieu of D, and performed the guaranteed obligation.
5) As of November 3, 2019, the amount of subrogation as of November 3, 2019 and damages for delay thereof are KRW 139,387,570 in total (the remainder of the amount of subrogation among them is KRW 138,930,812 in total). [The fact that there is no dispute over grounds for recognition, entry of evidence A1-3, and the purport of the whole pleadings.
B. According to the above facts of recognition, the Defendant, as a joint and several surety under the credit guarantee agreement of this case, must jointly and severally perform the Plaintiff’s obligation to repay, such as the subrogated payment to the Plaintiff.
Therefore, the defendant shall be jointly and severally liable to the plaintiff.