구상금 등 청구의 소
1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 26,581,764 and KRW 26,427,591 among them.
1. Basic facts
A. On January 11, 2007, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) with a credit guarantee agreement with the amount of KRW 42,500,000 (the change of the credit guarantee principal to KRW 32,00,000) and January 10, 2008 (the extension to December 30, 2016 thereafter) to guarantee the payment of the principal and interest of a loan to Defendant F Bank.
(hereinafter “instant credit guarantee agreement”). When concluding the instant credit guarantee agreement, Defendant A agreed to pay the Plaintiff the amount of the Plaintiff’s subrogation paid to the Plaintiff and the amount of damages for delay in accordance with the rate determined by the Plaintiff from the date of subrogation to the date of repayment of the amount of the Plaintiff’s subrogation and the amount of damages for delay incurred by the Plaintiff in order to enforce or preserve its rights if the Plaintiff performed the guaranteed obligation to the F Bank due to failure to repay the loan from the F Bank under the Plaintiff’s credit guarantee or
On the same day, Defendant B guaranteed all obligations owed by Defendant A to the Plaintiff according to the credit guarantee agreement in this case.
B. Defendant A was granted a loan of KRW 50,000,000 from the F Bank on January 12, 2007 as security the letter of credit guarantee issued by the Plaintiff based on the instant credit guarantee agreement.
C. On November 8, 2016, Defendant A lost the benefit of the term of the above loan contract due to the seizure of the Health Insurance Corporation and the company card for 90 days or more on a long-term delay, the Plaintiff subrogated the F Bank to KRW 32,216,393 on December 7, 2016.
After recovery of KRW 5,788,802, the amount of subrogation was KRW 26,427,591, and the amount was KRW 149,416 as the legal procedure cost for the enforcement and preservation of the claim for reimbursement, and the amount of final damages for the amount collected was KRW 4,757.
On the other hand, the rate of damages for delay determined by the Plaintiff as to the amount of subrogated payment for guaranteed obligation is 10% per annum from the date of payment
E. Defendant B is the Defendant on March 16, 2016.