beta
(영문) 울산지방법원 2015.04.02 2013가합16707

구상금

Text

1. The Plaintiff and the Defendant A Co., Ltd, B, C, and D Co., Ltd. jointly and severally KRW 216,947,145 and the above amount, 215,475.

Reasons

1. Basic facts

A. The Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant A”) on June 21, 2012 are only Defendant A Co., Ltd. (hereinafter “Defendant A”).

B) Between the end, a credit guarantee agreement between June 21, 2012,50,000 and June 20, 2013, between the amount guaranteed and the end of the guarantee period, between June 21, 2012 and June 20, 2013, between the creditor and the Busan Bank’s operating division (hereinafter “instant credit guarantee agreement”).

(C) Defendant B, Defendant C, and Defendant D Co., Ltd. (hereinafter “Defendant D”) on the same day.

(3) The Defendant A’s joint and several surety (hereinafter “instant joint and several surety agreement”) shall be the joint and several surety (hereinafter “instant joint and several surety agreement”).

(2) On the same day, Defendant A received a credit guarantee form under the above credit guarantee agreement from the Plaintiff and received a loan of KRW 250,000,000 from the Ulsan Business Department of the Busan Bank as security.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) Defendant A’s credit guarantee accident due to bad faith around April 10, 2013 (hereinafter “instant credit guarantee accident”).

(2) On July 25, 2013, the Plaintiff subrogated to the Busan Bank for KRW 212,50,000 and interest KRW 2,975,465 in total, and KRW 215,475,465 in total. (2) Article 3(3) of the instant credit guarantee agreement provides that when the principal debtor fails to perform his/her obligation within the guarantee period, the penalty for breach of contract shall be paid according to the method of calculating the Plaintiff’s calculation. Accordingly, the penalty for breach of contract to be paid by the Defendant A to the Plaintiff was paid KRW 356,300 in total, calculated at the rate of KRW 1.8% for 34 days from June 21, 2013 to July 24, 2013.

On the other hand, the Plaintiff spent KRW 1,115,380 to preserve the claim for indemnity arising from subrogation under the credit guarantee agreement of this case.

C. Defendant C is a representative director of Defendant A and a joint and several surety under the Credit Guarantee Agreement between Defendant C and Defendant E, and Defendant E, one of its own creditors, around January 3, 2013.