구상금 등 청구의 소
1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:
Co-defendant E of the first instance trial and the defendant.
1. Facts of recognition;
A. (1) On March 12, 2015, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and the Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A (hereinafter “A”), setting the credit guarantee principal amount of KRW 136,00,000, and the credit guarantee period from March 12, 2015 to March 11, 2016 (hereinafter “instant credit guarantee agreement”).
A was granted a loan of KRW 170,00,000 from H as security a credit guarantee letter issued by the Plaintiff on March 16, 2015.
(2) According to the instant credit guarantee agreement, if A fails to perform the principal obligation within the period of discharge of the principal obligation, the amount of the guaranteed obligation multiplied by the rate of 0.5% per annum for the amount of the guaranteed obligation which is not performed. In the event that the Plaintiff performs the guaranteed obligation, A and the joint guarantor agreed to reimburse the Plaintiff (i) the amount of performance of the guaranteed obligation and the amount of damages calculated by multiplying the amount of the guaranteed obligation by the rate of 0.5% per annum; (ii) the expenses incurred in the performance of the guaranteed obligation until the date of repayment; (iii) the expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation; (iv) the unpaid guarantee fee, delayed guarantee fee, penalty, etc.; and (v) the rate of damages
After that, the term of guarantee of the instant credit guarantee agreement was changed on March 10, 2017.
(3) Codefendant B, C (hereinafter “C”), D, E, and F in the first instance trial jointly and severally guaranteed all obligations owed by A to the Plaintiff in accordance with the instant credit guarantee agreement.
B. (1) On February 2, 2017, the Plaintiff’s subrogation (1) lost the benefit of loans to H due to natural enterprises, thereby causing a credit guarantee accident.
(2) Accordingly, the Plaintiff’s principal and interest of the loan to H on August 28, 2017 pursuant to the instant credit guarantee agreement.