구상금
Defendant A and Defendant B jointly and severally against the Plaintiff KRW 244,96,114 and KRW 53,848,300 among them. < Amended by Act No. 1630, Mar. 23, 2019>
1. Basic facts
A. On February 12, 2016, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”) with the credit guarantee principal of KRW 80,750,00, and the credit guarantee period from February 12, 2016 to February 10, 2017 (hereinafter “instant agreement”). On the same day, pursuant to the instant agreement pursuant to Article 1 of the instant agreement, the Plaintiff issued to the Defendant Company a credit guarantee agreement with the amount of KRW 80,750,00 (the estimated amount of KRW 95,00,000,000,000) and the guarantee period of KRW 95,00,000,000 from D Bank as collateral (hereinafter “instant loan”). However, the Defendant Company obtained a loan from D Bank as collateral.
On the other hand, Defendant B guaranteed the obligation to be borne by the Defendant Company to the Plaintiff pursuant to the instant arrangement 1.
B. In addition, on September 9, 2016, the Plaintiff entered into a credit guarantee agreement between the Defendant Company and the credit guarantee principal of KRW 192,00,00,000, and the credit guarantee period from September 9, 2016 to September 8, 2017 (hereinafter “instant agreement”) (hereinafter “instant agreement”). On the same day, pursuant to the instant agreement, the Plaintiff issued a credit guarantee agreement between the Defendant Company and the credit guarantee amount of KRW 192,00,000 (the loan amount of KRW 240,00,000,000) and the guarantee period of KRW 80,000 (the guarantee rate of KRW 240,00,00), which was September 8, 2017. The Defendant Company obtained a loan from the E Bank as collateral (hereinafter “instant loan”).
On the other hand, Defendant B guaranteed the obligation to be borne by the Defendant Company to the Plaintiff in accordance with the instant agreement.
C. According to the agreement between the first and second of this case, when the plaintiff fulfilled the guaranteed obligation, the debtor himself and the joint guarantor have to pay to the plaintiff the amount of performance of the guaranteed obligation and the amount of damages calculated by multiplying the amount of performance of the guaranteed obligation by the rate set by the plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and