구상금
1. The contract to establish a right to collateral security concluded on May 13, 2015 between the Defendant and A regarding the real estate stated in the attached list.
1. Facts of recognition;
A. On April 23, 2014, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the non-party company B (hereinafter “non-party company”) on a set of the guaranteed principal from April 23, 2014 to April 22, 2016 in order to provide a credit guarantee for the repayment of principal and interest to be borne by the non-party company by obtaining a loan from the Industrial Bank of Korea’s location location. A, the representative of the non-party company, jointly and severally guaranteed all obligations owed by the non-party company to the Plaintiff pursuant to the instant credit guarantee agreement.
B. At the time of the instant credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, the non-party company and A agreed to pay all of the incidental obligations, including the amount subrogated by the Plaintiff, damages incurred after the date of performance of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, additional guarantee fees calculated by adding a certain percentage to the final applicable guarantee rate from the date following the date of payment of guarantee fees for the amount of the terminated guaranteed obligation to the date following the date of termination of the guaranteed obligation, and other legal procedure expenses incurred by the Plaintiff in delay. The Plaintiff’s agreed interest rate for the amount of subrogated payment is 17% per annum from December 30, 1996 to December 1, 2010, 14% per annum from December 2, 2010 to May 31, 2015, and 12% per annum from the following day to the date.
C. Around June 29, 2015, when an insured event occurs that was caused by Non-Party Company’s loss of benefit due to delinquency in principal and failure to repay the principal and interest of loan, the Plaintiff repaid KRW 198,727,647 as the principal and interest of loan under credit guarantee on July 29, 2015 at the request of the Industrial Bank of Korea known branch, which is the creditor.
The Plaintiff recovered KRW 17,58,220 out of the amount of subrogated payment and recovered KRW 181,169,427, and the amount of subrogated payment remains more than 181,169,427. From July 29, 2015 to July 12, 2015, the interest rate for delay is 12% per annum, and the amount of loss for finalized delay arising from the recovered amount