구상금등 청구의 소
1. As to Defendant A and B’s joint and several liability for KRW 304,560,597 for the Plaintiff and KRW 302,771,69 for the Plaintiff’s KRW 302,771,69, Nov. 25, 2015.
Basic Facts
On October 23, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”), and Defendant A entered into a credit guarantee agreement (hereinafter referred to as “the credit guarantee agreement of this case”) to secure the payment of principal and interest of loan in obtaining a loan from the Bank of Korea Co., Ltd. (hereinafter “Korea Bank”), and issued a credit guarantee agreement to Korea on the same day.
Defendant A obtained a loan of KRW 350,000,000 from the Bank as security on October 30, 2014.
(hereinafter “instant loan”). According to the credit guarantee agreement of this case in which the Plaintiff performed the guaranteed obligation under the credit guarantee agreement of this case on October 23, 2014, the principal obligor and the joint guarantor agreed to repay to the Plaintiff the amount of subrogation paid by the Plaintiff for the performance of the guaranteed obligation and the delayed payment rate of the Plaintiff from the date of performance of the obligation to the date of repayment, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the exercise of the right to the preservation and transfer of the guaranteed obligation, the damages for delay calculated by the Plaintiff’s fixed rate from the date of performance to the date of repayment, and the damages for delay from the date of performance of the obligation to the date of repayment, ③ unpaid guarantee fee, delay guarantee fee, penalty, etc.
The rate of damages for delay determined by the Plaintiff is 12% per annum.
Defendant B jointly and severally guaranteed all obligations under the credit guarantee agreement of this case against the Plaintiff by Defendant A.
On August 18, 2015, Defendant A, by subrogation of the Plaintiff, lost the benefit of time from loans to our banks due to natural enterprises, thereby causing an accident of guarantee. Based on the credit guarantee agreement of this case, the Plaintiff repaid KRW 302,771,69 to our bank on November 25, 2015.
On the other hand, 564,840 won for penalty against Defendant A, and 1,224,058 won for substitute payment.