구상금 등 청구의 소
1. As to the Plaintiff’s KRW 405,774,385 and KRW 403,930,739 among the Plaintiff, Defendant A and B, jointly and severally, shall be from February 12, 2015 to February 12, 2015.
1. Facts of recognition;
A. The Plaintiff, such as the status of the parties, is a company aimed at facilitating corporate financing by guaranteeing the debt of an enterprise which lacks security capacity, and Defendant A and B were the representative director and internal directors of each company D (hereinafter “D”) (hereinafter “D”) and the head of each company on January 16, 2015 (U.S. District Court 2014 Gohap1027).
B. (1) On March 11, 2011, the Plaintiff entered into a credit guarantee agreement with D and the credit guarantee principal of KRW 400 million and the credit guarantee term as of March 9, 2012 (Guarantee Number E; hereinafter “instant credit guarantee agreement”).
(D) The term of the instant credit guarantee agreement was extended by March 6, 2015. (2) Defendant A and B jointly and severally guaranteed obligations under the instant credit guarantee agreement. The term of the instant credit guarantee agreement was extended by March 6, 2015.
3) The main content of the instant credit guarantee agreement is that when the Plaintiff fulfilled the guaranteed obligation, D and joint guarantors jointly and severally pay the amount of performance of the guaranteed obligation that the Plaintiff paid to the Plaintiff, the rate determined by the Plaintiff (12% per annum from December 1, 2012 to the repayment date) and the damages calculated by the calculation method, and the expenses incurred in the performance, recovery, etc. of the guaranteed obligation. (C) At the request of D corporate rehabilitation, such as the performance of the Plaintiff’s guaranteed obligation, the credit guarantee accident under the instant credit guarantee agreement occurred on December 20, 2014. On February 12, 2015, the Plaintiff paid 403,930,739 won ( principal principal amount of KRW 400,930,000,000, KRW 400,000 x 400,000 x 27% x 84/365) to the National Bank of Korea.
In order to preserve the claim for indemnity due to the above subrogation, the Plaintiff spent KRW 2,157,066 as the legal procedure cost, and collected KRW 313,420 among them, and still remains KRW 1,843,646.
Attached Form
Defendant A, such as the disposal of real estate recorded, shall be the defendant A on December 5, 2014.