구상금
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 46,719,118 as well as KRW 40,919,995 as to the Plaintiff’s KRW 46,719,118.
1. Facts of recognition;
A. On October 22, 2009, the Plaintiff concluded a credit guarantee agreement with Defendant A, a credit guarantee agreement on the amount of KRW 135,000,000 (the changed amount of KRW 114,000,000) and October 21, 2010 (the extended date of June 21, 2012) with regard to the Defendant A’s general obligation to lend 150,000,000 corporate loans to Han Bank.
B. On the same day, Defendant B and C jointly and severally guaranteed Defendant A’s liability for reimbursement against the Plaintiff under the above credit guarantee agreement.
C. Defendant A was loaned KRW 150,000,000 from Han Bank on October 23, 2009.
On July 6, 2012, as a credit guarantee accident occurred in which Defendant A did not pay principal and interest, the Plaintiff subrogated to KRW 114,919,95 in total for the principal and interest of a single bank on July 20, 2012.
E. From July 20, 2012 to May 15, 2014, the Plaintiff recovered KRW 74,00,000 from the Defendant from the Defendant, and paid the principal by subrogation to KRW 40,919,95 (=114,919,95 won - 74,00,000). The amount of the damages for delay incurred during the recovery period was 15% per annum from June 1, 2005 to November 30, 2012 (12%) applying the agreed interest rate of KRW 12% or 15% for the amount of the recovered amount (15% per annum from June 1, 2005 to November 30, 2012; 5,307,259 won per annum); penalty was 218,630 won; and penalty was 273,234 won for substitute payment under the agreement; and
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 9, the purport of whole pleadings
2. Determination
A. According to the above facts, the Defendants jointly and severally agreed 46,719,118 won in total to the Plaintiff (i.e., the amount of subrogated payment of KRW 40,919,95 for delay damages of KRW 5,307,259 for delay damages of KRW 218,630 for delay damages of KRW 218,630 for delay damages of KRW 273,234 for delay) and the remainder of subrogated payment of KRW 40,919,95 for the amount of subrogated payment of KRW 15% per annum from July 20, 2012 to November 30, 2012, which is the date of subrogated payment, from the following day to April 15, 2015, the agreement rate of KRW 12% per annum, which is the date of delivery of the instant payment order, and the next day to the date of full payment of KRW 20% per annum as stipulated in the Act on Special Cases Concerning