구상금등 청구의 소
1. As to Defendant A and B’s joint and several liability for KRW 364,757,537 and KRW 363,426,90 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on November 2, 2015.
1. Basic facts
A. On November 7, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the said Defendant Co., Ltd. to guarantee the payment of the principal and interest of loans that the said Defendant Co., Ltd. borrowed from the new bank (hereinafter “Nonindicted Bank”) and issued to the said Defendant Co., Ltd. a credit guarantee agreement with a maturity of KRW 1.8 billion and up to November 6, 2017 (hereinafter “the instant credit guarantee agreement”). On the same day, the Plaintiff issued to the said Defendant Co., Ltd. a credit guarantee agreement with its content.
B. At the time of the above credit guarantee agreement, the Plaintiff and the Defendant Company provided a guarantee under the Credit Guarantee Fund Act to the non-party bank for the guarantee period within the scope of the guarantee amount. In the event that the Plaintiff fulfilled the credit guarantee obligation to the non-party bank, the Defendant Company agreed to pay to the Plaintiff the amount of the performance and the amount of the repayment, damages for delay in accordance with the Plaintiff’s prescribed ratio from the date of performance to the date of full payment, and all incidental obligations, such as legal procedure expenses incurred by the Plaintiff in exercising or preserving the right. The Plaintiff’s interest rate for delay is 12% per annum from December
C. Meanwhile, at the time of the above credit guarantee agreement, Defendant B, the representative director of the Defendant Company, guaranteed the payment of all debts owed by the Defendant Company to the Plaintiff by the said credit guarantee agreement.
Since then, the defendant company submitted the credit guarantee statement to the non-party bank and borrowed the loan, but the guarantee accident occurred as a result of the non-party bank's failure to pay interest on September 4, 2015, and the plaintiff paid 363,490,027 won to the non-party bank on November 2, 2015 pursuant to the credit guarantee agreement.
E. After that, on November 2, 2015, the Plaintiff recovered KRW 63,120 from the Defendant Company, and collected KRW 363,426,907 (= KRW 363,490,027 – KRW 63,120) remaining, and the amount of the recovery is above.