구상금 등 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts of recognition do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the pleadings in each of the statements in Gap evidence Nos. 1, 2, 3, 3 through 12, Gap evidence No. 13-1, 2, 13-2, Gap evidence No. 14, Gap evidence No. 15, 16-1, 2, Eul evidence No. 1, 2, 3-1, 3-2, and 3-1, and 2.
On November 28, 2008, the Plaintiff entered into a credit guarantee agreement with Co-Defendant C (hereinafter referred to as “C”) with respect to the credit guarantee agreement on November 27, 2009 (the change of the guaranteed principal to KRW 199,750,000 (the change to KRW 160,000,000) as the guaranteed principal in obtaining a loan from Non-Party D Co-Defendant C (hereinafter referred to as “D”) on November 28, 2008, and the credit guarantee agreement on November 27, 2009 (the change to November 18, 2016 thereafter) as the credit guarantee agreement on March 14, 2013, as the joint and several surety agreement was amended to KRW 450,00,000 (the first half, 427,500,000,000,000) as the guaranteed principal to each of the credit guarantee agreements (the second half, 2013).
(hereinafter referred to as the “instant credit guarantee contract”). (2) C was granted a loan of KRW 160 million from D as security, and KRW 427,500,000, respectively (B guaranteed each of the above loans) with interest accrued from August 2, 2016 (the final interest income date was June 30, 2016).
Accordingly, on November 25, 2016, the Plaintiff subrogated to D totaling KRW 599,130,925,000,000 for the expenses incurred in the execution, preservation, exercise, and legal procedures to be paid to C according to each credit guarantee contract of this case to the Plaintiff. The penalty is KRW 1,081,50,000,000, and the penalty is KRW 164,170.
As a result, C and B shall be jointly paid to the Plaintiff according to the credit guarantee contract of this case 600,376.