구상금
1. Defendant A, B, C, and D are jointly and severally liable to the Plaintiff for KRW 98,395,81 and KRW 97,403,681 among them. < Amended by Act No. 1190, Aug. 1, 2013>
1. The following facts are deemed to have been led to the confession of the said Defendants pursuant to Article 150 of the Civil Procedure Act among the Plaintiff, Defendant A, B, C, and D, and the Plaintiff and Defendant E may either have no dispute between the parties, or may be recognized by comprehensively taking account of the descriptions of the evidence A in subparagraphs 1 through 7.
On June 11, 2009, the Plaintiff provided a credit guarantee of KRW 100 million on June 11, 201, with the credit guarantee request of Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with respect to the obligation to repay the principal and interest of a loan to be borne by the Defendant Co., Ltd. by obtaining a loan from the connection branch of the Busan Bank, Busan Bank. (hereinafter “Defendant Co., Ltd.”). The Defendant Co., Ltd. provided a credit guarantee of KRW 100 million from the above financial institution on June 11, 201 in accordance with the Plaintiff’s credit guarantee.
B. Meanwhile, at the time of concluding a credit guarantee agreement between the Plaintiff and the Defendant Company, Defendant B, C, and D jointly and severally guaranteed all obligations under the above credit guarantee agreement between the Plaintiff and the Defendant Company.
C. However, as of June 7, 2013, Defendant Company did not pay the principal of and interest on the said loan, and the Plaintiff subrogated to pay KRW 97,403,681 to the said bank on August 28, 2013.
According to Article 28 of the Regional Credit Guarantee Foundation Act and Article 10 of the Credit Guarantee Agreement between the Plaintiff and the Defendant Company, when the Plaintiff subrogated for the guaranteed obligation, the amount of subrogated repayment shall be paid at the prescribed rate from the date of subrogation to the date of full payment. The rate is 15% per annum from August 28, 2013 to September 4, 2013 and 12% per annum from September 5, 2013.
E. According to Article 27 of the Regional Credit Guarantee Foundation Act and Article 3 of the Credit Guarantee Agreement between the Plaintiff and the Defendant Company, if a person who received a guarantee fails to perform his/her obligation within the term of guarantee, he/she shall pay an additional guarantee fee according to the Plaintiff’s prescribed rate and calculation method. The Defendant Company shall be paid with respect to