구상금 등 청구의 소
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 240,979,423 and KRW 238,461,101 among them. < Amended by Act No. 12253, Apr. 30, 2014>
1. Basic facts
A. 1) The Plaintiff Co., Ltd. (hereinafter “Defendant Co., Ltd.”) concluded a credit guarantee agreement
(2) As set forth below, a credit guarantee agreement guaranteeing the repayment of the principal and interest of a defendant company (hereinafter “instant credit guarantee agreement”) shall be as follows:
The term of guarantee of the instant credit guarantee agreement was changed to 264,00,000 won, respectively, until February 27, 2015, and the guaranteed principal was changed to 264,00,000 won.
(2) According to the instant credit guarantee agreement, on March 7, 2005, the Defendant Company shall pay to the Plaintiff damages for delay and other incidental expenses in accordance with the amount of subrogated payment and the interest rate for delay as determined by the Plaintiff from the date of full payment (the interest rate for delay up to December 1, 2012 to the date of full payment) pursuant to the credit guarantee agreement, as of February 6, 2015, supra, as of February 27, 2006, the first date of the guaranteed principal (the interest rate for delay up to the date of full payment) of the guaranteed principal (the interest rate for delay from December 1, 2012 to the date of full payment).
3) Defendant B (former Name: E) jointly and severally guaranteed the performance of all obligations owed by the Defendant Company to the Plaintiff under the instant credit guarantee agreement. B. The occurrence and scope of the claim for indemnity amount 1) Defendant Company obtained a credit guarantee certificate under the instant credit guarantee agreement, and borrowed KRW 350,000,000 from the Industrial Bank of Korea.
2) On April 14, 2014, Defendant Company lost the benefit of the period for the above loan due to the due diligence, and on April 30, 2014, the Plaintiff repaid KRW 242,844,221 to the Industrial Bank of Korea on behalf of the Defendant Company on behalf of the Plaintiff on April 30, 2014. 3) The Plaintiff collected KRW 4,383,120 from the Defendant Company on April 30, 2014, and appropriated it for the repayment of the subrogated payment, the remainder of the subrogated payment amount to KRW 238,461,101 (=242,84,221 won - 4,383,120).
4,383,120 won from the date of subrogation to the date of recovery for the amount appropriated for 4,383,120 won shall be added to the following table 1.