구상금 등 청구의 소
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 1,036,326,39 and KRW 1,034,498,836 among them. < Amended by Act No. 14083, Mar. 1, 2016>
1. Basic facts
A. The Plaintiff entered into a credit guarantee agreement (limited transaction) with Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) for the maximum amount of KRW 1.5 billion on May 2009 and the period of the maximum transaction from April 30, 2009 to April 29, 201, with the maximum amount of KRW 1.5 billion (in accordance with the said credit guarantee agreement, the maximum transaction amount was changed as of November 12, 201 by the period of guarantee (the guarantee amount shall be KRW 250,500,000,000,000 and the period of guarantee shall be KRW 24,40,000,000).
The credit guarantee agreement was issued on November 13, 2009.) On November 8, 2010, each of the credit guarantee agreements was concluded between November 8, 2010 to November 17, 201, with the credit guarantee principal of KRW 760 million, and the credit guarantee period of KRW 660 million from November 8, 201 to November 17, 201 (the later credit guarantee principal was changed to the end of May 6, 2016.) and the credit guarantee agreement was amended to each of the above credit guarantee agreements until February 20, 2013, with the credit guarantee principal of KRW 160 million, and the credit guarantee period of KRW 160 million from February 20, 2013 to February 19, 2014 (hereinafter “each of the above credit guarantee agreements”). < Amended by Presidential Decree No. 24575, Feb. 16, 2016>
At the time of the conclusion of each credit guarantee agreement, when the Plaintiff subrogated for the Defendant Company's loan obligation due to an accident of guarantee, the Defendant Company agreed to pay the amount of subrogation, delay damages from the date of subrogation calculated at the rate determined by the Plaintiff, penalty, and expenses for compensating for the Plaintiff's claim for reimbursement. Defendant B guaranteed the Defendant Company's indemnity liability to be borne by the Plaintiff in accordance with each credit guarantee agreement of this case.
B. The Defendant Company received loans, respectively, from Han Bank Co., Ltd. (hereinafter “one Bank”) on November 13, 2009, KRW 300 million, KRW 800 million on November 12, 2010, and KRW 200 million on February 21, 2013, as security, of the credit guarantee certificates issued under the respective credit guarantee agreements.
C. Defendant Company shall be the Defendant Company on January 2016.