구상금
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
1. Facts of recognition;
A. On March 31, 2014, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Company B (hereinafter “B”) by setting the term of “credit guarantee period on March 31, 2015” and “300 million won in the credit guarantee principal”, and B obtained a loan of KRW 300 million from the bank in accordance with the said credit guarantee.
B. Meanwhile, the Defendant, who is the representative director B, jointly and severally guaranteed the liability for indemnity against the Plaintiff under the credit guarantee of this case.
(hereinafter referred to as the “joint and several sureties of this case”).
The Korean bank requested the Plaintiff to pay the loan by subrogation on May 19, 2015, when a credit guarantee accident occurred with respect to B, a loan obligor. On May 19, 2015, the Plaintiff subrogated the loan principal amounting to KRW 303,289,807 (= KRW 300,000,000,000).
The additional guarantee fee incurred by the credit guarantee in this case is KRW 710,130, and the legal procedure expenses incurred by the Plaintiff are KRW 506,060, and according to the credit guarantee agreement in this case, the interest rate for delay after the date of subrogation for the amount of subrogation is 12% per annum.
E. Meanwhile, B was declared bankrupt on July 24, 2015, and on March 10, 2016, it was deemed that the bankruptcy estate was insufficient to cover the expenses for the bankruptcy proceedings, and thus, was decided to discontinue the bankruptcy with the Seoul Central District Court 2015Hau10093.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to Gap evidence 7, Eul evidence 3 (including provisional number), the purport of the whole pleadings
2. Determination:
A. According to the facts of the judgment on the cause of the claim, pursuant to the joint and several guarantee agreement in this case, the defendant, jointly and severally with the principal debtor B, in total, KRW 304,505,997 (i.e., KRW 303,289,807 additional guarantee fees of KRW 710,130), and among them, KRW 303,289,807, which is the date of subrogation, dispute over the existence and scope of the obligation for performance by the defendant from May 19, 2015, which is the date of subrogation, on February 10, 2017.