구상금
1. Of the judgment of the court of first instance, the part against the defendant, including the plaintiff's claim extended by this court, is as follows 2.
1. Facts of recognition;
A. On August 29, 2008, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant one guarantee agreement”) between Company A and a stock company, with the credit guarantee principal of KRW 170 million, and until August 28, 2009, with the credit guarantee period of KRW 180,000,000,000,000,000,000,000,000,000,000,000,000,000,000).
A Co., Ltd. was issued a credit guarantee certificate in accordance with the instant one guarantee agreement and was loaned KRW 200 million from the F Bank.
On August 18, 2016, the terms and conditions of the credit guarantee agreement in this case were changed several times, and finally, the credit guarantee principal was changed to KRW 63.2 million, and the period of the credit guarantee was changed to August 18, 2017.
B. On August 18, 2016, the Plaintiff entered into a credit guarantee agreement between Company A and a stock company, which provides a credit guarantee principal of KRW 182,400,000,000, and the credit guarantee period of August 17, 2017, with the creditor H Bank, and a type of credit guarantee loan (hereinafter “instant guarantee agreement”), and C jointly and severally guaranteed the Plaintiff’s obligation to the Plaintiff as stipulated in the instant guarantee agreement.
A Co., Ltd. was issued a credit guarantee certificate in accordance with the instant guarantee agreement and was loaned KRW 228 million from H Bank.
C. On May 1, 2017, when a guarantee accident occurred as a result of the loss of benefit due to the FF Bank’s loan obligations and HF Bank’s loan obligations. On June 19, 2017, the Plaintiff subrogated 63,722,143 won out of the principal and interest of the loan to FF Bank pursuant to the instant guarantee agreement. On November 7, 2017, pursuant to the instant guarantee agreement, the Plaintiff subrogated H bank for KRW 184,185,793 out of the principal and interest of the loan obligations.
In accordance with the instant guarantee agreement as seen above, a debt borne by A and C, a joint and several surety, pursuant to the instant 1 and 2 guarantee agreement, shall be 247,710,546 won (i.e., 63,722,143 won as the amount subrogated to the H Bank, 184,185,793 won as the amount subrogated to the F Bank, - 197,390 won as the recovered principal, 5,843,276 won =.