구상금
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 91,931,945 and KRW 91,503,368 among them. < Amended by Presidential Decree No. 25789, Nov. 25, 2014>
The fact of recognition of the judgment on the claim against Defendant A and B was that the Plaintiff issued a credit guarantee certificate with the loan-based general loan of the loan-based company, the guarantee-based financial institution, and the guarantee-based financial institution, until April 10, 2015, pursuant to the credit guarantee contract with Defendant A (hereinafter “Defendant A”), and Defendant B guaranteed the repayment obligations against the Plaintiff.
On April 15, 2011, Defendant A was loaned KRW 100 million from Han Bank based on the credit guarantee agreement.
On September 11, 2014, Defendant A delayed payment of interest and caused a credit guarantee accident. On November 25, 2014, the Plaintiff subrogated for KRW 91,503,368, in total, KRW 91,503,368 to Han Bank on November 25, 2014 upon the request for performance of the guaranteed obligation by Han Bank.
In accordance with Article 10 of the Credit Guarantee Agreement between the Plaintiff and the Defendant, the rate of damages for delay applied to the performance of the Plaintiff’s guaranteed obligation is 12% per annum.
Of the legal process costs incurred by the Plaintiff to enforce and preserve the claim for reimbursement against Defendant A and Defendant B, the remaining amount of the money not recovered is KRW 428,577.
[Ground of recognition] According to the above facts, Gap evidence Nos. 1 through 4, 6, 7, and 13 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings, the defendant Gap and the defendant Eul are jointly and severally liable to pay to the plaintiff 91,931,945 won of indemnity amounting to 91,931,945 won of subrogation amounting to 91,503,368 won of subrogation amounting to 91,503,508 won of subrogation amounting to 91,503,368 won from November 25, 2014 to February 28, 2015, the agreed delay damages amounting to 12% per annum from the next day to the date of delivery of a copy of the complaint of this case, and damages for delay by 20% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.
Defendant C fishery partnership or D fishery partnership corporation's right to revoke the fraudulent act was established on January 4, 201.