구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The parties indicated in the judgment of the court of first instance are indicated.
1. The following facts do not conflict between the parties or may be acknowledged in full view of the following facts: Gap evidence Nos. 1 through 13, Eul evidence Nos. 8 (including each number), the fact inquiry reply to the Minister of Land, Infrastructure and Transport of the first instance court; the result of the fact inquiry inquiry to the Minister of Land, Infrastructure and Transport of the first instance court’s entrustment of market price appraisal to appraiser E of the first instance court.
The Plaintiff entered into a credit guarantee agreement as listed below with A (hereinafter “A”), and C, which was the Defendant’s husband, has jointly and severally guaranteed the obligations listed in the following table 1 and 2 among the obligations under each of the above credit guarantee agreements in A on the same day, and thereafter A submitted each credit guarantee agreement issued by the Plaintiff and received funds from the Industrial Bank of Korea. At the time of entering into each of the above credit guarantee agreements, A and C agreed to pay additional guarantee fees and substitute payments, and pay damages for delay in accordance with the interest rate determined by the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation.
The term of credit guarantee principal on the date of credit guarantee shall be until March 25, 2009, 120,000,000 won until March 24, 2017 until March 25, 2009, by March 25, 2009, respectively. < Amended by Presidential Decree No. 26315, Apr. 190, 200,000,000 won No. 1837, Apr. 29, 2013; Presidential Decree No. 25347, Apr. 29, 2014>
B. On December 24, 2013, A caused a credit guarantee accident due to overdue interest, and on April 11, 2014, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 341,673,648 under the respective credit guarantee agreements (i.e., KRW 97,702,908 under an affiliated credit guarantee agreement ＋ KRW 50,886,931 under an affiliated 2 credit guarantee agreement + KRW 193,083,809 under an affiliated 3 credit guarantee agreement).
C. Meanwhile, the balance of the additional guarantee fee under each of the above credit guarantee agreements is KRW 112,920; substitute payment is KRW 2,383,158; and the interest rate for delay on the amount of performance of the guaranteed obligation determined by the Plaintiff is 12% per annum from December 1, 2012 to December 1, 2012.
C on June 28, 2013