구상금 등
1. As to KRW 882,060,725 and KRW 881,456,031 among the Plaintiff, the Defendant is 12% per annum from May 8, 2015 to October 1, 2015.
1. The following facts of recognition do not conflict between the Parties:
The guaranteed amount guaranteed on May 4, 201, the date of concluding the agreement, the maturity date of which expires, and KRW 799,000,000 on April 27, 201 (i.e., the change to April 24, 201) (i.e., the date thereafter) (hereinafter referred to as “No. 1 Guarantee”). “No. 72,250,000 won on May 26, 2015”
A. The Plaintiff entered into a credit guarantee agreement with the bankrupt company (hereinafter “each of the credit guarantee agreements of this case”) and issued a credit guarantee agreement to our bank for the bankrupt company when the bankrupt company (hereinafter “bankruptcy company”) takes out a loan from our bank for corporate funds as follows:
B. The respective credit guarantee agreement of this case provides that the bankrupt company shall pay the Plaintiff the amount of subrogation, ② the amount calculated by calculating the interest rate for delay determined by the Plaintiff from the date of subrogation to the date of repayment of the amount of indemnity of the bankrupt company, ③ the expenses paid by the Plaintiff in the legal procedure for the preservation of the claim, etc.
As of the date of the closing of the instant case, the rate of delay damages determined by the Plaintiff is 12% per annum.
C. On November 21, 2014, the bankruptcy company established the Defendant by dividing the portion of electrical construction business and fire fighting equipment construction business among the businesses of the bankruptcy company.
On March 5, 2015, the bankruptcy company lost the benefit of time due to the delay in payment of interest to the bank, and thereby, the credit guarantee accident as stipulated in each of the credit guarantee agreements of this case occurred.
E. On April 7, 2015, the Bankruptcy Company was declared bankrupt by this Court No. 2015Hau10019.
F. On May 8, 2015, the Plaintiff subrogated to the Bank for KRW 884,39,411 (i.e., KRW 810,847,962 with the first guarantee of KRW 810,847,962). On the same day, the Plaintiff recovered KRW 2,943,380 from the bankrupt company.
G. In addition, in order to preserve the claim for indemnity, the Plaintiff is obliged to pay KRW 3,164,497 as the legal procedural costs, such as provisional seizure.