구상금
1. As to the Plaintiff, Defendant A’s KRW 85,192,526 and KRW 84,646,192 among them, from September 14, 2015 to December 23, 2015.
Around June 2011, the Plaintiff entered into a credit guarantee agreement and the Plaintiff’s claim for indemnity with Defendant A, and entered into a credit guarantee agreement with the Bank of Korea from June 3, 2011 to June 1, 2012, between the credit guarantee period of KRW 90,000,000, and the credit guarantee agreement with the Bank of Korea as a creditor.
(hereinafter “instant credit guarantee agreement”). The final credit guarantee period was changed on May 27, 2016.
Defendant A submitted a credit guarantee certificate issued by the Plaintiff and received a loan from the Industrial Bank of Korea.
According to Article 10 of the Credit Guarantee Agreement, when the plaintiff fulfilled the guaranteed obligation under the Credit Guarantee Agreement, the defendant A shall pay to the plaintiff the amount of the guaranteed obligation and the amount of the guaranteed obligation multiplied by the rate determined by the plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation
On September 7, 2015, the Industrial Bank of Korea notified the Plaintiff of the occurrence of a credit guarantee accident that would lose the benefit of time due to delinquency in interest on August 29, 2015.
Accordingly, on September 14, 2015, the Plaintiff subrogated 85,480,822 won to the Industrial Bank of Korea, and thereafter, 834,630 won was recovered and 84,646,192 won was remaining.
The Plaintiff’s interest rate for delay was 12% per annum, and 834,630 won due to the recovered amount was 274 won. The Plaintiff spent 546,060 won due to the legal procedure for preserving the claim for reimbursement as to the amount of subrogation.
On August 19, 2015, Defendant A entered into a sales contract with Defendant B on the following terms: (a) selling real estate listed in the [Attachment] owned by Defendant A (hereinafter “instant real estate”) for KRW 175,000,000 (hereinafter “instant sales contract”).
As to the payment of the above purchase price, the Defendants shall pay the instant real estate.