구상금 등
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 127,722,276 and KRW 126,906,587 among them. < Amended by Act No. 11924, Aug. 22, 2013>
1. Facts of recognition;
A. 1) The Plaintiff entered into a credit guarantee agreement on October 28, 2009 (hereinafter “Defendant Company”)
The credit guarantee agreement between October 28, 2009 and October 27, 2010 under which the credit guarantee principal is KRW 70,000,000 (hereinafter “the credit guarantee agreement in this case”).
(2) On October 28, 2009, the Plaintiff concluded a credit guarantee agreement and issued a credit guarantee agreement with the Defendant Company, the guaranteed amount of KRW 70,000,000,000, and the term of guarantee on October 27, 2010 with respect to the loans that the Defendant Company would have obtained from the Industrial Bank of Korea on October 28, 2009. On the same day, the Defendant Company extended a loan of KRW 70,000,000 from the Industrial Bank of Korea as security (hereinafter “instant one loan”).
The term of guarantee under the above letter was extended to October 25, 2013. 2) The Plaintiff entered into a credit guarantee agreement with the Defendant Company from September 15, 2010 to September 14, 201 with the credit guarantee period of KRW 70,00,000 (hereinafter “the two credit guarantee agreement”). Under the above credit guarantee agreement, the Plaintiff received a loan from the Industrial Bank of Korea on September 15, 2010 from the Defendant Company, the guaranteed amount of KRW 70,00,000, and the guaranteed period of KRW 70,000 from the Credit Guarantee Fund as a collateral, and the Defendant Company obtained a credit guarantee agreement with the said guarantee period of KRW 30,00 (hereinafter “the above guarantee period”). On the same day, the loan was extended to 30,000 after the expiration of the guarantee period.
3. In the event that the Plaintiff performs the guaranteed obligation under each credit guarantee agreement of this case, the Defendant Company: ① the amount of the performance of the guaranteed obligation, damages for delay calculated by the rate of damages from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation, ② the expenses required for the performance of the guaranteed obligation, and the expenses required for the exercise