구상금
1. Of the instant lawsuit, the part of the claim against Defendant C shall be dismissed.
2. Defendant B Co., Ltd. shall be the Plaintiff on 34,483.
1. Facts of recognition;
A. The Plaintiff’s credit guarantee agreement 1) The purpose of the Plaintiff is to guarantee the obligations of small and medium enterprises and micro enterprises under the Regional Credit Guarantee Foundation Act to facilitate the financing of the company and to contribute to the activation of the regional economy. 2) The Plaintiff concluded a credit guarantee agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) and provided credit guarantee services to Defendant Company to obtain a loan of KRW 20 million from D Bank on September 29, 201 and KRW 20 million from D Bank. < Amended by Act No. 11014, Sep. 28, 2012>
3) Defendant C jointly and severally guaranteed the obligation under the credit guarantee agreement with the Plaintiff of the Defendant Company. B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) the Defendant Company incurred a credit guarantee accident on June 12, 2014, and the Plaintiff paid KRW 34,55,409 in total, including the balance and interest, etc. on August 1, 2014, to D Bank in accordance with the credit guarantee agreement with the Defendant Company.
2) The Plaintiff recovered KRW 71,440 out of the amount subrogated, and the amount of finalized damages incurred up to the time of recovery is KRW 23.3) The Defendant Company agreed to pay damages for delay in accordance with the overdue interest rate determined by the Plaintiff from the date the Plaintiff subrogated to the Plaintiff. The overdue interest rate determined by the Plaintiff is 12% per annum from August 1, 2014 to December 31, 2017, and 10% per annum from January 1, 2018.
C. (1) On May 13, 2019, Defendant C was decided to commence individual rehabilitation procedures with respect to Defendant C. In the list of individual rehabilitation creditors of the instant case, Defendant C entered a claim against the Plaintiff seeking the instant lawsuit in the list of individual rehabilitation creditors of the Seoul Rehabilitation Court 2018 Federation 1084767. (2) There was a decision to authorize the repayment plan on July 17, 2019.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings
2. Article 603(1) and (3) of the Debtor Rehabilitation and Bankruptcy Act regarding the legitimacy of a lawsuit against Defendant C shall be included in the list of individual rehabilitation creditors.