구상금
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 54,895,692 and KRW 51,103,492, as to the Plaintiff. < Amended by Act No. 1320, Feb. 23, 2015>
1. Facts of recognition;
A. 1) The Plaintiff entered into a credit guarantee agreement on January 6, 2012, the Plaintiff is Defendant A Co., Ltd. (former trade name: D: hereinafter “Defendant Company”).
(B) Until January 4, 2013, the term of guarantee was extended to KRW 50 million and the guaranteed principal until January 2, 2015.
(2) According to the above credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, the Defendant Company made a credit guarantee agreement and issued a credit guarantee agreement to the Bank. (2) Under the above credit guarantee agreement, the Defendant Company made payment to the Plaintiff of the amount of the guaranteed obligation and the expenses incurred in the performance of the guaranteed obligation at the rate set by the Plaintiff, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the exercise, preservation, transfer and exercise of the right (legal procedure expenses), unpaid guarantee fees, overdue guarantee fees, additional guarantee fees, etc. The rate for delay damages determined by the Plaintiff is 12% per annum from September 5, 2013, and the additional guarantee fee rate is 1.5% per annum.
3) At the time of the above credit guarantee agreement, Defendant B guaranteed the Defendant Company’s liability for reimbursement against the Plaintiff under the above credit guarantee agreement. (B) The occurrence of a credit guarantee accident and the Plaintiff’s subrogation, etc. (i) Defendant Company borrowed KRW 50 million from the Bank on January 7, 2012 based on the above credit guarantee agreement, but the said credit guarantee accident occurred as a natural body on October 20, 2014.
On December 22, 2014, our bank notified the Plaintiff of the credit guarantee accident according to the credit guarantee terms.
2) After receipt of a request from our bank for the performance of the guaranteed obligation arising from the above credit guarantee accident, the Plaintiff subrogated to the Bank KRW 51,103,492 on February 23, 2015. 3) Legal procedure expenses incurred after the said credit guarantee accident are KRW 3,687,410, and additional guarantee fees are KRW 104,790.
C. Defendant B’s real estate sale act, etc. (i.e., Defendant B) on October 28, 2014 between Defendant C and the real estate indicated in the separate sheet (hereinafter “real estate”).