구상금
1. Of the judgment of the first instance, the part against the Plaintiff and Defendant D shall be revoked.
2.(a)
Defendant D and the first instance co-defendant A.
1. Basic facts
A. On October 18, 201, the Plaintiff entered into a credit guarantee agreement and loan agreement (hereinafter “instant credit guarantee agreement”) between A and A, who operated E on October 18, 201, with the guarantee amount of KRW 42,500,000, and the guarantee period from October 8, 201 to October 17, 2012.
A on October 27, 201, a credit guarantee agreement issued by the Plaintiff from the Busan Bank Co., Ltd. (the Seoul Business Department in charge of the Seoul Bank; hereinafter referred to as the “Usan Bank”) was loaned KRW 50,000,000 (hereinafter referred to as the “instant loan”).
In concluding the instant credit guarantee agreement, the Plaintiff subrogated to the Busan Bank when it is impossible for the Plaintiff to repay the instant loan to the Busan Bank, and the Plaintiff agreed to pay the Plaintiff the amount of subrogation and the amount of delay compensation calculated by multiplying the amount of the loan by the rate determined by the Plaintiff from the date of repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired by the performance of the guaranteed obligation,
(Article 10 of the Credit Guarantee Agreement). The Plaintiff and A agreed to extend the term of the credit guarantee agreement of this case to October 16, 2015 after the conclusion of the loan agreement of this case.
B. (i) On February 9, 2015, the Plaintiff’s subrogation, etc. (i) lost the interest on the instant loan obligation due to the closure of closure of E, and as A was unable to repay the instant loan obligation to Busan Bank, the Busan Bank notified the Plaintiff of the occurrence of a guarantee accident. On April 27, 2015, the Plaintiff subrogated to the Plaintiff on April 26, 2015, the sum of the principal and interest on the instant loan amounting to KRW 42,761,043 (= Principal KRW 42,50,000 + interest of KRW 261,043 from March 11, 2015 to April 26, 2015).
dr.