구상금
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 200,747,939 and KRW 200,701,041 among the Defendants, from June 11, 2014 to November 2015.
1. Determination as to the cause of claim
A. 1) The Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) and issued a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) as follows. At the time, Defendant B and C guaranteed that the Defendant Company should jointly pay the debt under the said credit guarantee agreement with the Defendant Company.
On June 8, 2009, D 200,000, last June 5, 2014, the Defendant Company submitted the credit guarantee certificate to the above non-party company and received funds from the above bank. 2) On May 21, 2014, the Plaintiff subrogated KRW 201,701,041 to the above bank on June 111, 2014 when the credit guarantee accident occurred in the Defendant company and the above bank claims the performance of the guaranteed obligation to the Plaintiff. (B) According to Article 35 of the Credit Guarantee Fund Act and Article 10 of the Credit Guarantee Agreement of this case, when the Plaintiff fulfilled the guaranteed obligation, the Defendants shall pay damages calculated by multiplying the repayment amount of the guaranteed obligation by the rate as determined by the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation. The subrogation rate is 12% per annum from June 11, 2014 to the present date.
3) On June 11, 2014, the Plaintiff partially repaid the amount of KRW 1,00,000,000 out of the payment by subrogation, and the amount of the payment by subrogation was KRW 200,701,041, and the amount of damages of KRW 328,000 has accrued from the date of partial repayment to the date of partial repayment. (4) Under Article 34 of the Penalty Credit Guarantee Fund Act and Article 3 of the Credit Guarantee Agreement, if a person who received a guarantee fails to perform the principal obligation within the guarantee period, the Plaintiff shall pay the prescribed rate and the penalty for breach of contract according to the calculation method. This is on the balance of the principal obligation (guarantee amount) for the period