구상금 등 청구의 소
1. The Plaintiff:
A. Defendant B’s agricultural partnership, C, and D are jointly and severally owned to KRW 178,30,665 and KRW 158,870,737.
Basic Facts
On April 21, 201, the Plaintiff entered into a credit guarantee agreement with Defendant B Agricultural Partnership (hereinafter referred to as “first guarantee agreement”) with a credit guarantee agreement (hereinafter referred to as “the first guarantee agreement”) on April 20, 2012, which was stipulated as the guaranteed amount of KRW 467,50,000,000, and the term of guarantee (the subsequent term of guarantee was changed to April 20, 2016).
Defendant B’s agricultural partnership received a loan on April 21, 201 by setting the maturity period of KRW 550,000,000 from M as of April 20, 201, pursuant to the first guarantee agreement.
On April 14, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant B Agricultural Partnership (hereinafter “Second Guarantee Agreement”) with the term of guarantee of KRW 608,000,000 as of April 13, 2016.
Defendant B’s agricultural partnership was loaned a loan of KRW 760,00,000 from N on April 14, 2015 as of April 13, 2016.
On April 19, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant E (hereinafter referred to as “third guarantee agreement”) stipulated as of April 18, 2017, the guaranteed amount of KRW 297,000,000, and as of April 18, 2017 (hereinafter referred to as “the third guarantee agreement”).
Defendant E received a loan from an O bank on April 19, 2012, with a maturity of KRW 330,000,000, in accordance with the third guarantee agreement, as of April 18, 2017.
In each guarantee agreement of this case, when the plaintiff performed the guaranteed obligation for Defendant B, the above Defendants agreed to pay to the plaintiff the amount of the guaranteed obligation at the interest rate (10%) calculated after the date of performance as to the amount of the guaranteed obligation, the penalty calculated by adding the rate of 0.5% per annum to the rate of the guaranteed fee during the period from the day following the date following the expiration of the payment period, or the date following the expiration of the payment period for the guaranteed obligation, and the preservation and enforcement expenses spent by the plaintiff for the purpose of preserving or executing the claim for reimbursement.
The obligation owed by Defendant B to the Plaintiff pursuant to the First Guarantee Agreement.