구상금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
1. Facts of recognition;
A. On September 13, 2010, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Nonparty B, setting the credit guarantee principal as until September 14, 201 with respect to the obligation of KRW 10,000,000 for corporate ordinary working capital loans to be borrowed from the National Bank of Korea Co., Ltd. (hereinafter “Nonindicted Bank”), and the Defendant jointly and severally guaranteed the Plaintiff’s obligation under the said agreement.
The contents relating to this case in the credit guarantee agreement of this case are as follows.
Article 10 Scope of Repayment (1) When the Foundation (referring to the plaintiff) has fulfilled the guaranteed obligation, the principal and the joint guarantor shall pay the amount falling under any of the following subparagraphs immediately:
1. Performance amount of surety obligations;
2. The rate set by the Foundation from the date of performance to the date of repayment for the amount under subparagraph 1, and the amount calculated according to the calculation method.
3. Expenses incurred in performing guaranteed obligations;
4. Expenses incurred in the preservation, transfer and exercise of any right acquired through discharge of guaranteed liabilities;
5. Unpaid guarantee fees, overdue guarantee fees, and additional guarantee fees.
6. Compensation for delay calculated by multiplying the amount paid under subparagraphs 3 and 4 by the rate determined by the Foundation from the date of payment to the date of repayment.
1. Insurance premiums paid on behalf of a foundation pursuant to Article 8 (3);
(3) The rate determined by the Foundation in paragraphs (1) and (2) means the rate determined by the Foundation in consideration of overdue loans of financial institutions to the extent prescribed by the statute.
(4) Where the Foundation changes the rates and calculation methods referred to in paragraphs (1) through (3) due to the change of Acts and subordinate statutes, it shall comply with them from the date of change.
§ 13.