구상금
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 525,014,853 and KRW 524,217,005 among them. < Amended by Presidential Decree No. 27159, Apr. 20, 2016>
1. Determination on the claim for monetary payment against Defendant A and B
A. Under the facts acknowledged, each of the following facts is without dispute between the Plaintiff and the Defendant B, and the Defendant A Co., Ltd. (hereinafter “Defendant A”) is deemed to have led to confession pursuant to Article 150(3) and (1) of the Civil Procedure Act.
1) On May 17, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A with the credit guarantee principal of KRW 160 million and the credit guarantee period from May 17, 2012 to May 16, 2013 (hereinafter “instant credit guarantee agreement”), and issued a credit guarantee agreement with the amount of KRW 160,000 (80,000,000,000) for the same day’s guarantee period.
Defendant A obtained a loan of KRW 200 million from a new bank on May 18, 2012, as security, the said credit guarantee statement.
Since then, the term of guarantee of the first credit guarantee agreement of this case was respectively changed on May 13, 2016 to KRW 140,400,000 of the principal of the credit guarantee and the term of guarantee.
B) On May 23, 2012, the Plaintiff’s credit guarantee agreement between Defendant A and the credit guarantee principal amounting to KRW 270 million and the credit guarantee period from May 23, 2012 to May 22, 2013 (hereinafter “instant credit guarantee agreement”).
(C) On May 2, 2012, the Plaintiff concluded a credit guarantee agreement with Defendant A on May 22, 2013, and issued a credit guarantee agreement with the amount of KRW 270 million ( KRW 300 million in the amount of loan) ( KRW 90 million in the amount of loan). The Defendant A obtained a loan of KRW 300 million from a new bank on May 25, 2012 as collateral. The conditions for the guarantee of the second credit guarantee agreement of this case were changed as of May 20, 2016 to the amount of the credit guarantee principal, KRW 25 million in the amount of the credit guarantee principal, and KRW 180,000 in the amount of the credit guarantee principal, and the period of the credit guarantee agreement between May 23, 2012 to May 22, 2013 (hereinafter “the guarantee agreement of this case”).