구상금 등
1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:
Schedule B and the defendant shall be as shown in attached Form B.
1. Basic facts
A. On February 17, 2011, A Co., Ltd. concluded a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Plaintiff on February 16, 2012, 201 (finally changed the term of guarantee on February 13, 2015) with respect to the obligation to be borne with a general loan for business operation from the Bank of Korea (hereinafter “the instant credit guarantee agreement”).
B as the representative director of A corporation, A corporation guaranteed the obligation to the Plaintiff according to the credit guarantee agreement of this case.
B. On February 17, 2011, A Co., Ltd. was provided with a credit guarantee certificate issued under the instant credit guarantee agreement as collateral, and was loaned as general funds for corporate driving on February 16, 2012, with the maturity of KRW 200 million as the credit guarantee term changed to February 13, 2015 (the maturity limit changed as it changed to February 13, 2015).
C. On April 26, 2013, A Co., Ltd. did not pay the principal and interest of loans due to a default of national taxes, etc. and lost the benefit of time due to a credit guarantee accident on April 29, 2014.
On May 16, 2014, based on the instant credit guarantee agreement, the Plaintiff subrogated to the Bank for KRW 172,125,000 (i.e., the principal amount of KRW 170,000,000) (i.e., KRW 2,125,000), recovered KRW 1,780,100 from A Co., Ltd., and collected KRW 1,780,100 from A Co., Ltd., the Plaintiff incurred a final delayed claim amounting to KRW 585,00 for the amount recovered, and paid KRW 645,3
The rate of damages for delay determined by the Plaintiff is 12% per annum from May 16, 2014.
B On October 21, 2013, on October 21, 2013, the registration of the transfer of ownership is completed on the ground of the sale of real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant on October 20, 2013 (hereinafter “instant sales contract”).
E. At the time of the instant sales contract, active property B is the instant real estate (170,000,000 won at the market price) and 37,707,07,000 square meters of Man Forest in Bosi-si.