구상금 등 청구의 소
1. As to KRW 293,133,830 and KRW 292,312,763 among the Plaintiff, Defendant A shall be from March 22, 2018 to April 5, 2018.
Basic Facts
The Plaintiff entered into a credit guarantee agreement and a loan agreement with Defendant A (hereinafter collectively referred to as “each of the instant credit guarantee agreements”) as listed in the table below. Defendant A provided each of the credit guarantee agreements issued under each of the instant credit guarantee agreements as collateral and received each of the following loans (hereinafter referred to as “each of the instant loans”) from C Co., Ltd. (hereinafter referred to as “C”).
On June 5, 2012, 170,000,000 (amended to 136,00,000,000) on June 4, 2013 (the extension until June 1, 2018) D company driver's loan loan extended on June 5, 2012 (the extension until June 1, 2018) the date of loan of the original loan term (the guarantee term) loan (the guarantee term) loan (the guarantee term) loan (the extension until June 20, 200,000,00 on March 9, 2017, the contents of each credit guarantee agreement in this case are to pay the Plaintiff the compensation for damages for delay and expenses incurred in the exercise of the rights calculated by the Plaintiff from the date of performance of the guaranteed obligation to the Plaintiff as penalty, the interest rate for delay and expenses incurred by the Plaintiff. < Amended by Presidential Decree No. 175030, Mar. 14, 2017>
The occurrence of a credit guarantee accident and the plaintiff's subrogation caused a credit guarantee accident due to national tax delinquency on December 1, 2017, and on January 18, 2018, the defendant A lost the benefit of each of the above loans.
On March 22, 2018, pursuant to each credit guarantee agreement of this case, the Plaintiff subrogated to C totaling KRW 292,312,763 (the principal of the first guarantee amount of KRW 136,00,000,000, the interest of KRW 153,000,000, the principal of the second guarantee amount of KRW 153,000,000, the interest of KRW 1,493,866).
Under each credit guarantee agreement of the above subrogation, the penalty for breach of contract of this case is KRW 85,510, and the plaintiff paid KRW 1,053,007 to the defendant A for the purpose of preserving the claim for reimbursement against the defendant A, but recover KRW 317,450, and recover KRW 735,557 (=1,053,007 - KRW 317,450) remains.
The rate of damages for delay determined by the Plaintiff is annually.