구상금
1. Defendant B and C jointly and severally provide the Plaintiff with KRW 79,766,69 and the Plaintiff with regard thereto from September 24, 2015 to December 29, 2015.
1. Determination as to the claim against Defendant B and C
A. On February 24, 2015, the Plaintiff is the Defendant Company B (hereinafter “Defendant Company”).
between the Defendant Company F (hereinafter “F Bank”) and the F Bank
(A) A credit guarantee agreement that guarantees the payment of loans to the Defendant was concluded as of February 24, 2016, setting the coverage amount of KRW 78,750,000, and the term of guarantee as of February 24, 2016 (hereinafter “instant credit guarantee agreement”).
(2) According to the credit guarantee agreement of this case, Defendant C guaranteed the Plaintiff’s obligation based on the above credit guarantee agreement of this case. (2) If Defendant C did not pay the principal obligation to FFF bank within the due date (including loss of the benefit of time) and the Plaintiff performed the guaranteed obligation, Defendant C is to reimburse the Plaintiff: ① the Plaintiff with the amount of subrogation paid by the Plaintiff for the performance of the obligation; ② damages for delay based on the rate of delay determined by the Plaintiff from the due date of performance to the due date of full payment; ② additional guarantee fee from the date following the due date of payment of the guaranteed obligation for the amount of the terminated credit guarantee; ③ legal procedure costs incurred by the Plaintiff to exercise or preserve the right by performing the guaranteed obligation.
3) On February 24, 2015, Defendant Company submitted a credit guarantee statement issued pursuant to the instant credit guarantee agreement to FF Bank and received a loan from FF Bank. On July 23, 2015, a guarantee accident occurred due to natural substances and the closure of business on July 27, 2015. Accordingly, the Plaintiff subrogated FF Bank to pay the Defendant Company’s loans amounting to KRW 79,845,509 on September 24, 2015 in accordance with the instant credit guarantee agreement, and recovered KRW 78,840 on September 24, 2015. Meanwhile, the Plaintiff’s rate of delay damages determined by the Plaintiff is 12% per annum from September 24, 2015, the date of the said subrogation.
【Ground of recognition】 Each entry of evidence Nos. 1 through 6, and the purport of the whole pleadings.