구상금 등 청구의 소
1. All appeals by the Defendants are dismissed.
2. The judgment of the court of first instance is rendered according to the expansion of the purport of the claim in the plaintiff's trial.
1. Facts of recognition;
A. 1) The Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”).
(C) A credit guarantee agreement (hereinafter “instant credit guarantee agreement”) signed on May 16, 2013 with the coverage amount of KRW 225,000,000,000 and the term of guarantee as of May 16, 2013 (hereinafter “instant credit guarantee agreement”).
(2) Article 10 of the Credit Guarantee Agreement provides that the Defendant Company may compensate the Plaintiff in advance for the guaranteed amount in a case where: (a) the Plaintiff performed the guaranteed obligation and the amount of the guaranteed obligation at the rate determined by the Plaintiff (12% per annum from June 19, 2013 to June 19, 2013); (b) additional guarantee fees; and (c) other expenses incurred in the process of preserving the principal obligation; and Article 5(1) provides that the Defendant Company may compensate the Plaintiff for the guaranteed amount in advance in a case where the Plaintiff violated the principal obligation; (b) the Plaintiff was notified of a credit guarantee accident or the Plaintiff was requested to discharge the guaranteed obligation; or (c) the Defendant Company was objectively confirmed to have significantly deteriorated the credit standing of the Defendant Company; and (b) the Defendant Company was granted a loan of KRW 250,00,000 from the Han Bank (hereinafter referred to as “I Bank”) as collateral, which was issued by the Plaintiff pursuant to the Credit Guarantee Agreement.
3) Defendant B and C jointly and severally guaranteed the obligation to reimburse the Plaintiff of the Defendant Company based on the instant credit guarantee agreement, and each scope of reimbursement is determined as ① damages for delay calculated at the rate prescribed by the Plaintiff (12,50,000 won out of the guaranteed principal and up to 12% per annum from June 19, 2013 to the date of full payment of the guaranteed principal, ② the amount calculated by multiplying the amount of additional guarantee fee and other expenses by the rate equivalent to the said joint and several liability out of the amount of the performance of the guaranteed obligation. (B) The sales amount reported by the Defendant Company from October 1, 201 to December 31, 201, by the amount equivalent to the said amount of the guaranteed obligation. (353,628,80 won among the guaranteed principal, and from January 1, 2012 to December 31, 2011.