구상금등 청구의 소
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 194,225,238 and KRW 193,104,808, among themselves. < Amended by Presidential Decree No. 23508, Feb. 20, 2019>
1. Basic facts
A. The Plaintiff entered into a credit guarantee agreement and the Plaintiff’s subrogation 1) on February 21, 2017, and the Defendant A Co., Ltd. (hereinafter “Defendant Company”).
between the credit guarantee principal and the credit guarantee agreement between February 21, 2017 and February 20, 2018 (hereinafter “instant credit guarantee agreement”) is the credit guarantee agreement between the credit guarantee principal and KRW 190 million and the credit guarantee period (hereinafter “instant credit guarantee agreement”).
(2) On February 21, 2017, pursuant to the credit guarantee agreement of this case, Defendant B, an internal director of the Defendant Company, jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff.) On February 21, 2017, pursuant to the credit guarantee agreement of this case, the Plaintiff issued to the D Bank a letter of credit guarantee for the guaranteed amount of KRW 190 million, February 20, 2018, general loan for the subject of loan, and credit guarantee for the cause of the proposed loan amount of KRW 200 million (hereinafter “the credit guarantee agreement of this case”). D Bank received the credit guarantee certificate of this case and carried out a loan equivalent to KRW 200 million to the Defendant Company. The guarantee term under the credit guarantee agreement of this case was changed to February 20, 2019.
3) On October 23, 2018, the Defendant Company delayed interest on the above loan and caused a credit guarantee accident. Accordingly, on February 20, 2019, the Plaintiff paid the principal amount of KRW 190 million and interest KRW 3,104,808 by subrogation of KRW 193,104,808. Meanwhile, the Plaintiff, Defendant Company, and Defendant B determined to pay damages calculated by multiplying the amount of the Plaintiff’s guaranteed obligation by the rate determined by the Plaintiff from the date of discharge of the guaranteed obligation to the date of repayment. Accordingly, the rate of delay damage was set at 10% per annum from February 1, 2016 to 10% per annum.
In addition, the plaintiff, the defendant company, and the defendant B are required to preserve the execution (including termination) and exercise of the claims that the above defendants paid on behalf of the plaintiff, and to take legal procedures for this.