구상금 등 청구의 소
1. As to KRW 206,138,248 and KRW 202,9,267 among the Plaintiff, Defendant A Co., Ltd., from January 27, 2019 to December 27, 2019.
1. Facts of recognition;
A. 1) The Plaintiff entered into a credit guarantee agreement on May 31, 2018, and the Defendant A Co., Ltd. (hereinafter “Defendant A”).
(C) A credit guarantee agreement between Company C and a credit guarantee agreement between Company C as of May 31, 2019 (hereinafter “instant credit guarantee agreement”) set forth as the guaranteed amount of KRW 199,00,000,000 and the term of guarantee (hereinafter “instant credit guarantee agreement”).
(2) At the time of the instant credit guarantee agreement, Defendant A agreed to pay the amount subrogated by the Plaintiff when the Plaintiff performed the guaranteed obligation at the time of the instant credit guarantee agreement, interest or delay damages at the interest rate determined by the Plaintiff from the payment date to the repayment date, additional guarantee fee at the rate calculated by adding 5/1,000 per annum to the payment date of the guaranteed principal, and expenses incurred in the performance of the guaranteed obligation.
Meanwhile, the interest rate applied to delay damages, etc. determined by the Plaintiff is 10% per annum from February 1, 2018 to the date.
B. As a credit guarantee accident occurred from March 31, 2019, Defendant A delayed payment of interest to C from March 31, 2019, the Plaintiff repaid 202,989,267 of the principal and interest of the loan to C by subrogation of Defendant A on November 27, 2019. The additional charges under the credit guarantee agreement of this case are KRW 1,463,870, and the amount of the outstanding legal procedure expenses for preserving the claim for indemnity is KRW 1,685,111.
C. Meanwhile, on April 18, 2019, Defendant A entered into a mortgage agreement (hereinafter “mortgage agreement”) with Defendant B on each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) as indicated in the separate sheet, and on the same day, Defendant B concluded a mortgage agreement on each of the instant real estates (hereinafter “instant real estates”). On the same day, Defendant B concluded a mortgage agreement with the maximum debt amount of KRW 200,000,000 as a result of the instant mortgage agreement.
【Ground for Recognition】 Evidence Nos. 1 through 13 (including each number; hereinafter the same shall apply).