구상금등
1. Defendant A, B, and C are jointly and severally liable to the Plaintiff for KRW 123,805,298 and KRW 122,921,278 among them. < Amended by Presidential Decree No. 27504, Oct. 1, 2016>
1. Basic facts
A. 1) The Plaintiff entered into a credit guarantee contract on February 10, 2012, the Plaintiff Company A (hereinafter “Defendant A”).
In addition, the guaranteed principal is KRW 120,000,000,000 and the term of the guarantee is determined as of February 8, 2013, and the credit guarantee agreement (hereinafter “instant credit guarantee agreement”).
(2) On February 10, 2012, the Plaintiff issued a bond guarantee of KRW 120 million to the Gwangju Bank in accordance with the instant credit guarantee agreement, and the Defendant A received a loan from the Gwangju Bank as a general business loan on February 10, 2015, for the purpose of corporate driving capital, the amount of deposit KRW 120 million guaranteed to the Plaintiff on the same day. In the instant credit guarantee agreement, the Defendant B and the inside director of the Defendant, who was the representative director of the Defendant A, was jointly and severally and severally liable for the indemnity pursuant to the instant credit guarantee agreement.
3) Following the period from January 30, 2013 to February 5, 2016, the Plaintiff notified the Gwangju Bank of the extension of the term of guarantee under the instant credit guarantee agreement four times in four times, and the last day of February 5, 2016, notified that the term of guarantee under the instant credit guarantee agreement was extended from “ February 5, 2016” to “ August 5, 2016.” (B) On August 9, 2016, Gwangju Bank notified the Plaintiff of the occurrence of a credit guarantee accident and the Plaintiff’s subrogation) on the ground that Defendant A was in a de facto state of business suspension from July 2, 2016.
2) On October 19, 2016, the Plaintiff paid to the Gwangju Bank the total amount of KRW 122,921,278 (i.e., principal interest of KRW 120 million) by subrogation of KRW 2,921,278 (i.e., principal interest of KRW 120 million).
On the other hand, Defendant A is liable to compensate for the damages incurred by the performance of the guaranteed obligation under the credit guarantee agreement of this case.