구상금
1. The plaintiff's claim against A's administrator B, the plaintiff's taking over of lawsuit against A, the defendant corporation A.
1. Facts of recognition;
A. Credit guarantee agreement and loan 1) The Plaintiff is a stock company A (hereinafter “Defendant Company”).
The credit guarantee agreement was concluded three times as indicated below and the credit guarantee agreement was issued. The principal of the guaranteed principal (guarantee term) on the agreed date, the creditor’s debt amount of KRW 320 million on May 7, 2008 ( May 7, 2009) (hereinafter “instant primary credit guarantee agreement”).
(1) The Industrial Bank of Korea’s loan of KRW 400 million (hereinafter “the first loan”).
() On September 25, 2013, KRW 1170 million ( September 25, 2014) (hereinafter “instant secondary credit guarantee agreement”) (hereinafter “instant secondary credit guarantee agreement”).
(2) The Industrial Bank of Korea’s loan of KRW 1.3 billion (hereinafter “second loan”).
() On February 7, 2013, KRW 140,000,000 ( October 17, 2014) (hereinafter “instant third credit guarantee agreement”) (hereinafter “instant third credit guarantee agreement”).
(2) The Industrial Bank of Korea’s loan of KRW 1.2 billion (hereinafter “third loan”).
(2) Under each of the credit guarantee agreements of this case, the Defendant Company paid to the Plaintiff all of the incidental obligations, including ① the amount of subrogation and the amount of payment on behalf of the Plaintiff from the date of full payment to the date of full payment, ② additional guarantee fees based on the rate calculated by adding 5/100 to the rate of guarantee fee from the date following the date of payment of guarantee fee to the date of termination of guarantee, ③ legal procedure costs incurred by the Plaintiff to enforce or preserve its right by performing the guaranteed obligation.
3) Defendant B’s liability for indemnity that Defendant Company owes to the Plaintiff pursuant to each credit guarantee agreement of this case (hereinafter “instant liability for indemnity”).
Defendant C jointly and severally guaranteed the liability for indemnity that Defendant C owes to the Plaintiff according to the first credit guarantee agreement in this case (hereinafter “the liability for indemnity in this case”).
4) According to each credit guarantee agreement of this case, the Defendant Company.