구상금 등 청구의 소
1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 430,345,795 and KRW 430,345,57 among the Plaintiff and KRW 430,345,57, April 7, 2015.
1. Facts of recognition;
A. Credit guarantee agreement and loan 1) The Plaintiff Company A (hereinafter “A”)
Between June 24, 2013, the term of guarantee was changed from June 24, 2013 to June 24, 2014 (the term of guarantee was changed from June 24, 2013 to June 19, 2015).
ii)a credit guarantee agreement under the credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”).
Defendant A entered into a credit guarantee agreement with the aforementioned content as security, and around June 25, 2013, the Korea Cmat Bank Co., Ltd. (hereinafter “Korea Cmat Bank”) (hereinafter “Korea Cmat Bank”).
(2) The loan of KRW 500 million from the general fund loan (hereinafter referred to as “instant loan”).
(2) At the time of the conclusion of the instant credit guarantee agreement, Defendant B, the representative director of Defendant A, jointly and severally guaranteed the liability for indemnity to the Plaintiff under the said credit guarantee agreement.
3) According to the instant credit guarantee agreement, Defendant A and B shall pay to the Plaintiff the amount paid by the Plaintiff for the performance of the guaranteed obligation and damages for delay based on the rate set by the Plaintiff, ② the expenses incurred in the performance of the guaranteed obligation, ② the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, and the insurance premium paid by the Plaintiff on behalf of the Plaintiff, and the expenses incurred in the enforcement, preservation, exercise, and legal procedure of this agreement. (B) The occurrence of a credit guarantee accident and the Plaintiff’s subrogation of the Plaintiff around January 14, 2015, were notified of a credit guarantee accident due to natural enterprises and national taxes in arrears by the Korea Telecommunication Bank on December 26, 2014.
Accordingly, on April 7, 2015, pursuant to the credit guarantee agreement of this case, the Plaintiff subrogated the principal and interest amounting to KRW 431,009,616 (principal + KRW 425,000,000 + interest KRW 6,009,616) of the instant loan obligations to the Korea C&T Bank.
2 The rate of delay damages determined by the Plaintiff is 12% per annum from December 1, 2012 to the date, and the Plaintiff recovers KRW 664,039 on April 7, 2015.