구상금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. Facts of recognition;
A. B Co., Ltd. (hereinafter “B”) entered into a credit guarantee agreement with the Plaintiff on July 19, 2017, setting the credit guarantee amount of KRW 21,250,000, and the credit guarantee period from July 19, 2017 to July 18, 2018, and obtained a loan of KRW 25,00,000 from C Bank on the security of the said agreement from July 28, 2017.
On the other hand, the defendant jointly and severally guaranteed the obligations of the plaintiff B under the above credit guarantee agreement.
B. In the above credit guarantee agreement, where the Plaintiff fulfilled the guaranteed obligation, B and the Defendant determined to pay to the Plaintiff the amount of the performance of the guaranteed obligation, its delay damages, the expenses incurred in the preservation, transfer and exercise of the right acquired from the performance of the guaranteed obligation, and the penalty, etc. in accordance with the percentage and calculation method determined by the Plaintiff. The rate of delay damages determined by the Plaintiff from February 1, 201
C. On July 25, 2018, due to delinquency in paying the principal and interest of loans, a credit guarantee accident occurred. Accordingly, on September 4, 2018, the Plaintiff subrogated for KRW 21,426,682 to C Bank.
The penalty incurred under the above credit guarantee agreement is KRW 62,930, and the Plaintiff spent KRW 212,952 in order to preserve the claim for reimbursement, and collected KRW 22,023 among them.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant calculated the amount of KRW 21,680,541 (amounting to KRW 21,426,682, and KRW 62,930, and KRW 190,929, and KRW 21,426,682, which is the date of subrogation, from September 4, 2018 to February 8, 2019, as the plaintiff seeks, 10% per annum, which is the agreed interest rate, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings until May 31, 2019, and from the following day to the date of full payment, 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.