구상금
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 219,872,091 and KRW 219,871,99 among them, from May 3, 2018 to June 2018.
1. Basic facts
A. On October 17, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “A”) and Defendant A to provide a credit guarantee for the part of the guaranteed amount of KRW 270 million by the due date of guarantee, with respect to the obligation to be borne by the loan of KRW 300 million from the Industrial Bank of Korea.
In addition, Defendant A was given a loan of KRW 300 million from the Industrial Bank of Korea using the said credit guarantee certificate.
B. Upon entering into the aforementioned credit guarantee agreement, the Plaintiff agreed to pay the Plaintiff the amount of subrogation and the damages for delay and other incidental expenses according to the agreed rate from the date of full payment to the date of full payment, if the Plaintiff did not perform its obligation to the Industrial Bank of Korea under the credit guarantee.
In addition, the agreed rate of delay damages is 15% per annum from June 1, 2005 to November 30, 2012, 12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from February 1, 2016 to June.
C. The joint and several sureties entered into a joint and several sureties agreement with the Plaintiff and the Defendant A to pay all the obligations owed to the Plaintiff in accordance with the said credit guarantee agreement.
Defendant A could not perform the above loan obligations with respect to the Industrial Bank of Korea on March 14, 2018. Upon the request of the Industrial Bank of Korea, the Plaintiff repaid KRW 20,212,858 on May 3, 2018 to the National Bank.
Meanwhile, the Plaintiff recovered KRW 340,860 on the same day, and the amount of damages determined from the subrogation for the amount of KRW 340,860 on the same day to the recovery date is KRW 93.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Accordingly, the Defendants are jointly and severally liable to compensate the Plaintiff for the amount of KRW 219,872,091 = subrogated repayment amount of KRW 220,212,858.