구상금
1. The Defendant: (a) KRW 62,851,181 as well as the Plaintiff’s KRW 15% per annum from July 15, 2014 to April 28, 2015; and (b) April 2015.
The Plaintiff entered into a credit guarantee contract between B and B on April 19, 2012 as “the guaranteed principal: 75,00,000 won, guarantee period: April 19, 2017”; the Defendant jointly guaranteed the indemnity obligation owed by B under the above contract; the Defendant lost the benefit of time due to the delayed payment of the principal of the loan; the Plaintiff subrogated 63,732,601 won to the new bank on July 15, 2014; the Plaintiff recovered 881,420 won on the same day; the rate of damages incurred by subrogation was 15% per annum until April 28, 2015; the next day was 12% per annum; and B did not have any dispute over the grant of immunity on October 4, 2016 between the parties concerned; or the purport of the entire defense can be acknowledged by comprehensively taking into account the following facts.
According to the above facts, the Defendant is obligated to pay the Plaintiff the amount of KRW 62,851,181 (i.e., the subrogated amount of KRW 63,732,601 - recovered KRW 881,420) and damages for delay calculated at the rate of 15% per annum, which is the agreed damages rate, from July 15, 2014 to April 28, 2015, which is the date of subrogation, from April 29, 2015 to June 26, 2017, which is obvious in the record that the delivery date of the copy of the complaint in this case is the delivery date of the copy of the complaint in this case, and from June 27, 2017 to the date of full payment.
The defendant asserts that there is no indication in the column for the credit guarantee term under the credit guarantee agreement signed by the defendant as joint and several sureties, and that the automatic extension term under the above credit guarantee agreement is null and void under the Regulation of Standardized Contracts Act as a standardized contract. The plaintiff's claim is groundless since the plaintiff has automatically extended the term of credit guarantee to April 19, 2017 without the defendant's consent.
According to the evidence No. 6-11, the initial guarantee term of the instant guarantee contract was on April 19, 2017, and thus a separate guarantee term is extended automatically.