구상금등 청구의 소
1. As to KRW 99,027,30 and KRW 98,568,063 among the Plaintiff, Defendant A shall be from July 28, 2016 to November 5, 2016.
1. Facts of recognition;
A. In order to guarantee the payment of principal and interest of small and medium enterprise financing loans to Defendant A’s corporate banks, the Plaintiff concluded a credit guarantee agreement (hereinafter referred to as “agreement 2”) with the amount guaranteed on August 18, 201, from August 18, 201 to August 17, 2012 (the extension of the guarantee period to August 12, 2016), from August 18, 2011 to August 17, 2012 (hereinafter referred to as “the first agreement”), from June 12, 2012, from June 12, 2012 to June 11, 2013 (the extension of the guarantee period to June 10, 2016) (hereinafter referred to as “the second agreement”).
(hereinafter “each credit guarantee agreement of this case”). (b)
On April 19, 2016, upon Defendant A’s delinquency in payment of interest and claiming for the performance of the guaranteed obligation by the corporate bank, the Plaintiff subrogated to the corporate bank for the performance of the guaranteed obligation (i.e., KRW 50,524,508, KRW 2 Agreement No. 48,043,555).
C. According to each credit guarantee agreement of this case, the interest rate for delay after the date of subrogation is 10% per annum.
According to each of the credit guarantee agreements in this case, the Plaintiff is obliged to receive expenses incurred in the execution, preservation, exercise, and legal procedures of claims from the Defendant. The Plaintiff paid KRW 434,550 to Defendant A for the expenses incurred in securing claims, and collected KRW 24,243 to recover KRW 24,243 and collected KRW 410,307 by subrogation at present.
E. According to each credit guarantee agreement in this case, when the guaranteed party fails to perform the principal obligation within the guarantee period, the Plaintiff shall be paid a penalty at the rate of 0.8% per annum for the balance of the principal of the outstanding principal obligation from the day following the date of payment of the final guarantee fee to the day preceding the date of payment by subrogation by the Defendant A. The penalty for 47 days from June 11, 2016 to July 27, 2016, which is the day following the date of payment of the final guarantee fee, is KRW 48,930.
F. On March 24, 2016, Defendant A is entitled to the real estate indicated in the separate sheet (hereinafter “instant real estate”) which is the only property of Defendant B, in excess of his/her obligation.