구상금
1. The Defendant shall pay to the Plaintiff KRW 76,541,88 and the interest rate of KRW 15% per annum from December 9, 2015 to the date of full payment.
1. Facts of recognition;
A. C Co., Ltd. (hereinafter “C”) entered into a credit guarantee agreement between the Korea Technology Finance Corporation and the Korea Technology Finance Corporation on January 28, 2003 as the guaranteed amount of KRW 255,00,000,000 and the guaranteed period of January 28, 2008, and the Plaintiff and D jointly and severally guaranteed C’s obligations under the said credit guarantee agreement.
B. C submitted a credit guarantee certificate issued by the Plaintiff on January 28, 2003 and borrowed KRW 300,000,000 from the Small and Medium Business Corporation.
C. Around February 25, 2003, the defendant was appointed as the representative director of C, and around September 1, 2005, the defendant was added as the joint guarantor under the above credit guarantee agreement. D.
C Around January 26, 2006, a credit guarantee accident occurred due to overdue loans, and the Korea Technology Credit Guarantee Fund paid 187,776,144 won to the Small and Medium Business Corporation on August 21, 2006.
E. From November 13, 2007 to April 1, 2009, the Plaintiff repaid a total of KRW 229,625,664 to the Korea Technology Finance Corporation on nine occasions.
[Ground of recognition] Each entry of Gap evidence Nos. 1 through 6 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleading
2. According to the above facts of recognition, the plaintiff, defendant, and Eul jointly and severally guaranteed the obligation to the Korea Technology Finance Corporation of C, and the plaintiff subrogated in excess of his share of expenses.
Therefore, the defendant is obligated to pay to the plaintiff 76,541,888 won (229,625,664 won x 1/3) which is the part of the defendant's liability with the amount of indemnity, and to pay damages for delay calculated at the rate of 15% per annum from December 9, 2015 to the day of full payment, which is the day following the service of the original copy of the payment order in this case.
Thus, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning.