구상금
1. Defendants A and B shall jointly and severally serve as the Plaintiff KRW 29,149,289 and as to KRW 28,195,212 among the Plaintiff. < Amended by Presidential Decree No. 25789, Oct. 13, 2014>
1. Facts of recognition;
A. On June 30, 201, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and the Defendant A with Defendant A as follows. Defendant B jointly and severally guaranteed the Plaintiff’s obligation to the Plaintiff, an ASEAN. The amount of the loan extended to the guarantee term, KRW 27 million,000,000, and KRW 30,000,000, in June 30, 2016, when the Plaintiff performed the guaranteed obligation under the said credit guarantee agreement, the Defendants jointly and severally paid damages for delay, additional guarantee fee, and legal procedural expenses incurred by the Plaintiff in order to enforce or compensate the Plaintiff’s claim for reimbursement against the amount subrogated by the Plaintiff.
B. The Plaintiff’s subrogation 1) Defendant A submitted a credit guarantee certificate issued by the Plaintiff at the Industrial Bank of Korea and received a loan of KRW 30,000. Defendant A lost the benefit of the loan due to overdue interest, etc. around March 6, 2014. The Plaintiff subrogated for KRW 28,195,212 to the Industrial Bank of Korea on October 13, 2014. (2) The legal procedure cost of the Plaintiff’s unpaid recovery is KRW 794,077 and additional guarantee fee is KRW 160,000.
Since the date of subrogation by the plaintiff, the rate of damages applied by the plaintiff is 14% per annum.
C. Defendant B’s land disposal 1) On July 1, 2014, in the status of excess of debt, Defendant B’s real estate indicated in the separate sheet (hereinafter “instant real estate”) with Defendant C on July 1, 2014
The sales contract of this case was sold for KRW 420 million (hereinafter referred to as the “instant sales contract”).
(2) At the time of the instant sales contract, Defendant C completed the registration of ownership transfer with respect to the instant real estate on July 7, 2014. (2) At the time of the instant sales contract, the maximum debt amount of KRW 264,00,000 and the Industrial Bank of Korea’s mortgage was established.
Defendant C decided to accept 220,000,000 won as a substitute for the payment of the purchase price.
Defendant C completed the registration of ownership transfer on the instant real estate on July 7, 2014.