구상금
1. From September 22, 2015 to October 14, 2015, the Defendant paid KRW 55,179,568 to the Plaintiff KRW 143,830,03 and the above amount.
1. Facts of recognition;
A. The Plaintiff and the Defendant entered into a credit guarantee contract (hereinafter “instant credit guarantee contract”) with the following content in order to guarantee the Defendant’s loan from a financial institution:
The guarantee period of a lending financial institution as of June 11, 2001 46,60,000 won for the guarantee period of the lending financial institution, five years 6,590,000 Won for 5 years 201. 6,590
B. According to the instant credit guarantee contract, where the Plaintiff performed the guaranteed obligation, the Defendant agreed to pay the amount of the guaranteed obligation and the amount of damages determined by the Plaintiff from the date of the performance thereof, and the rate of damages up to December 16, 2012 is 15% per annum and 12% per annum.
C. The Plaintiff paid 47,794,530 won on December 30, 2003 to the Geumdong Livestock Cooperatives, and 7,385,038 won on April 30, 2007 to the Hadong Livestock Cooperatives, respectively, as a guarantee accident occurred due to the Defendant’s delinquency in the repayment of the funds borrowed from each lending institution.
The Plaintiff’s claim for indemnity against the Defendant amounting to KRW 88,650,465, including principal amount of KRW 55,179,568 as of September 22, 2015, and damages amounting to KRW 143,830,033.
[Ground of recognition] Facts without dispute, entry of Gap 1 through 6 evidence (including each number), the purport of the whole pleadings
2. According to the above facts of determination as to the cause of claim, the defendant is obligated to pay to the plaintiff 143,830,033 won and the subrogated principal of KRW 55,179,568, which is the day following the date of final calculation of interest, to the defendant from September 22, 2015 to October 14, 2015, which is the day after the original copy of the instant payment order was served on the defendant, 12% per annum, and delay damages as stipulated in each of 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
3. The defendant's defense is proved to the effect that the above claim for indemnity has expired by prescription.
In light of the above evidence and the purport of the whole pleadings, the plaintiff on December 30, 2003.