구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
1. The following facts may be acknowledged, either in dispute between the parties or in full view of the overall purport of Gap evidence 1-1-2, Gap evidence 2-2, Gap evidence 3-6, Gap evidence 7-30, and 31.
1) The Plaintiff and ① the credit guarantee agreement with the maximum amount of the credit guarantee on June 19, 2003 (hereinafter referred to as the “credit guarantee agreement”) 1.5 billion won shall be the credit guarantee agreement between the Plaintiff and A.
(2) A credit guarantee agreement under which the maximum amount of credit guarantee is three billion won on September 29, 2008 (hereinafter “the second credit guarantee agreement”).
(2) The Plaintiff concluded a credit guarantee agreement and agreed to reimburse the Plaintiff for the amount of the guaranteed obligation, damages for delay from the date of the performance of the guaranteed obligation to the date of repayment, and expenses incurred in the performance of the guaranteed obligation when the Plaintiff performed the guaranteed obligation under the same credit guarantee agreement.
B. On September 18, 2003, pursuant to the Credit Guarantee Agreement, the Plaintiff issued a credit guarantee certificate with the guaranteed principal of KRW 425 million to the Bank on September 17, 2004 (the subsequent guarantee term is extended to September 13, 2013), and on the same day, A received a loan of KRW 500 million from the Bank under the said Credit Guarantee Agreement. 2) On September 29, 2008, the Plaintiff issued a credit guarantee certificate with the guarantee principal of KRW 1 billion to the Bank and the guarantee term of KRW 1.4 billion to the Bank on September 28, 2009 (the subsequent guarantee term is extended to September 27, 2013). On the same day, A received a loan from the Bank in accordance with the said Credit Guarantee Agreement.
C. On April 9, 2013, the occurrence of a credit guarantee accident, the Plaintiff’s subrogation, etc., caused a credit guarantee accident where A delayed repayment of each of the above principal and interest of loan. Accordingly, pursuant to the credit guarantee agreement, the Plaintiff’s total amount of A’s loan obligations to Korea bank pursuant to the 1,299,267,636 won (as to the 1st credit guarantee agreement).