구상금
1. As to Defendant A and B’s joint and several liability for KRW 717,346,693 and KRW 716,532,94 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on October 2, 2014.
Basic Facts
On September 23, 2008, the credit guarantee principal of the credit guarantee principal, which was guaranteed on the date credit guarantee agreement was concluded, the Plaintiff entered into a credit guarantee agreement with the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to guarantee the repayment of the principal and interest of the Defendant Co., Ltd. (hereinafter “the credit guarantee agreement of this case”). On September 17, 2014, the first date of September 22, 2009, the change of KRW 800,000,000, which was changed from September 17, 2014.
(B) The term of guarantee under the credit guarantee agreement of this case was changed to KRW 720,00,000, respectively, as of September 17, 2014. According to the credit guarantee agreement of this case, when the Plaintiff performed the credit guarantee obligation, the Defendant Company shall pay to the Plaintiff all incidental obligations, such as ① the amount subrogated by the Plaintiff (amount of performance of the guaranteed obligation) and the amount of subrogated by the Plaintiff from the date of subrogation (the date of performance of the guaranteed obligation) to the date of full payment (the date of performance of the guaranteed obligation), ② the amount of delay damages from December 1, 2012 to the date of filing the instant lawsuit, ② the amount of delay damages from December 1, 2012 to the date of filing the instant lawsuit, and ② the expenses incurred by
Defendant B guaranteed the performance of the obligation owed by the Defendant Company to the Plaintiff in accordance with the instant credit guarantee agreement.
The Defendant Company received a loan of KRW 1,00,000,000 from the Industrial Bank of Korea with a credit guarantee certificate issued in accordance with the instant credit guarantee agreement.
On August 27, 2014, the Defendant Company lost the benefit of time due to the suspension of current account transactions by the party branch. On October 2, 2014, the Plaintiff paid to the Industrial Bank of Korea totaling KRW 721,873,892 on behalf of the Defendant Company.
The Plaintiff appropriated KRW 5,323,232 recovered from the Defendant Company on October 2, 2014, and KRW 17,716 recovered on October 13, 2014 from the Defendant Company for the partial repayment of the amount of subrogated payment.