구상금 등 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
1. Basic facts
A. The Plaintiff entered into the instant credit guarantee agreement with C Co., Ltd. as listed in the following table, and C Co., Ltd. was offered loans from Korea Exchange Bank (hereinafter “Korea Exchange Bank”) as security by Korea Exchange Bank as listed below:
At the time, B and D jointly and severally guaranteed liability for indemnity owed to the plaintiff by C Co. in accordance with the credit guarantee agreement of this case.
Beneficiary Guarantee Term Guarantee Principal (Amount of Loan) non-performing on April 1, 2008, 200,000 won (100,000,000 won) in Korea Exchange Bank E on March 31, 2009.3. 85,000,000 won (1,00,000 won) in March 12, 2009
B. C Co., Ltd. was merged with G Co., Ltd. (Representative B) on July 10, 2012.
(hereinafter referred to as “G” in this context. The Plaintiff paid the principal and interest of the loan to G on March 8, 2013 when the occurrence of a credit guarantee accident on October 8, 2013, the Plaintiff subrogated to the foreign exchange bank for KRW 187,683,89,020, and KRW 187,683,89.
C. (1) On April 18, 2012, the Defendant entered into a basic contract on the development of bedclothes cleaning equipment, supply transaction, and agreed to pay KRW 300 million per 10,000 as development cost (in advance), based on the supply price, to reflect KRW 3,000 per 10,000 as the development cost.
Accordingly, the Defendant paid KRW 10 million on April 16, 2012, KRW 100 million on the same month, and KRW 100 million on May 10, 2012 to G as advance payment.
② On June 2012, at the request of G, the Defendant agreed to obtain a collateral security on the instant land owned by G, the representative director of G, if the total amount of the loan of KRW 400 million is not recovered, while additionally lending KRW 100 million (7% per month after the payment date) to G, and the Defendant agreed to obtain a collateral security on the instant land owned by B, which is the instant representative director.
③ The Defendant requested G to provide a collateral under the foregoing agreement and signed the instant mortgage contract with B on October 25, 2012, if it did not perform the duty of payment, etc. of interest.