구상금 등 청구
1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The Defendant’s KRW 46,73,178 on March 30, 2015, to the Plaintiff.
1. According to the facts below's determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff 46,845,978 won for indemnity under the contract of this case and damages for delay calculated at the rate of 12% per annum from March 30, 2015 to August 31, 2015, which is the date of subrogation, as to the plaintiff's 46,733,178 won for indemnity under the contract of this case, unless there are special circumstances to the contrary, and the damages for delay calculated at the rate of 8% per annum from the next day to February 4, 2015, which is the date of delivery of the copy of the complaint of this case against the defendant, and from the next day to the date of full payment.
On September 17, 2013, the Defendant entered into a false charter agreement as if he were to obtain the employee’s full-time loan, thereby deceiving the Industrial Bank of Korea. Accordingly, the Defendant borrowed KRW 50 million from the Industrial Bank of Korea.
B. In relation to the above loan, the Defendant concluded a credit guarantee agreement with the Plaintiff (hereinafter “instant guarantee agreement”) with the term from September 27, 2013 to September 27, 2015, setting the guaranteed principal as KRW 45,00,000, and the guarantee period from September 27, 2013.
At the time, the Plaintiff and the Defendant agreed to pay the Plaintiff the amount of subrogation and the damages for delay determined by the Plaintiff from the date of subrogation to the date of full payment when the Plaintiff performed the guaranteed obligation due to the Defendant’s delayed repayment of the loan and the loss of the due date.
C. Upon the Defendant’s failure to repay the principal and interest of loans, the Industrial Bank of Korea filed a claim against the Plaintiff for the payment of the security deposit based on the credit guarantee agreement, and on March 30, 2015, the Plaintiff paid the Bank the total of KRW 45,00,000, interest of KRW 1,733,178 as security deposit.
The rate of delay damages determined by the Plaintiff at the time shall be 12% per annum from December 1, 2012 to August 31, 2015, and from the next day to that.