구상금
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 275,509,735 as well as KRW 274,917,915 as to the Plaintiff. < Amended by Presidential Decree No. 26548, Apr. 9, 2015>
1. Basic facts
A. (1) The Defendant Company created a credit guarantee agreement between the Plaintiff on February 28, 2013 and the Plaintiff on a credit guarantee agreement between the Plaintiff and the Defendant Company on KRW 270,000,000 under Defendant B’s joint and several sureties to secure the obligation to repay the principal and interest of loans that the Defendant Company received from the Industrial Bank of Korea (hereinafter “instant credit guarantee agreement”).
The Defendant Company entered into a contract. On the same day, it received a loan of KRW 300,000,000 from the Industrial Bank of Korea as collateral with the credit guarantee certificate issued by the Plaintiff pursuant to the above agreement (the interest rate for delay on the guaranteed debt was 12% per annum.
(2) After the Industrial Bank of Korea, the Defendant Company notified the Plaintiff of the occurrence of a credit guarantee accident on February 27, 2015.
Accordingly, on April 9, 2015, the Plaintiff subrogated to the Industrial Bank of Korea for the total amount of KRW 274,942,345.
(A) On the other hand, on April 13, 2015, the Plaintiff recovered KRW 24,430 out of the principal from the Defendant Company until the date of subrogation under Article 34 of the Credit Guarantee Fund Act.
(The amount of final and conclusive damages incurred in relation to the amount of recovery shall be KRW 40).
1) On March 19, 2014, the National Health Insurance Corporation: (a) on March 19, 2014, each real estate listed in the separate sheet, which is the only real estate owned by the Defendant Company (hereinafter “each of the instant real estate”; and (b) on an individual basis, the said real estate is either “instant land” or “instant building
Among them, the land of this case was seized, and the plaintiff also attached the same year.
4. 30. The provisional attachment of each of the real estate in this case was made for the purpose of preserving the amount of money subrogated under the credit guarantee agreement of this case as KRW 270,000.
(hereinafter “The instant provisional attachment”). Meanwhile, on May 2014, Jyal Co., Ltd. filed an application for an auction to enforce the right to collateral security (the maximum bond amount of KRW 22,50,000,000, the debtor company, the defendant company, and the date of establishment) on the instant building.