구상금
1. Defendant A Co., Ltd and B jointly and severally against the Plaintiff KRW 220,983,628 and KRW 219,624,083 among the Plaintiff and the Plaintiff’s KRW 219,624,083, May 31, 2016.
1. Facts of recognition;
A. The Plaintiff entered into a credit guarantee agreement with regard to the obligation to repay the principal and interest of loans to the Industrial Bank of Korea of Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”). The Defendant Co., Ltd. received loans from the Industrial Bank of Korea as listed in the following table 2:
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B. Defendant B, the representative of the Defendant Company, guaranteed all obligations owed by the Defendant Company to the Plaintiff pursuant to the instant credit guarantee agreement.
C. Since then, the Defendant Company failed to pay the principal of the loan to the Industrial Bank of Korea and caused a credit guarantee accident, and the Plaintiff, upon the request of the Industrial Bank of Korea, subrogated as listed below 3.
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D. According to the instant credit guarantee agreement, the interest rate for delay after the date of subrogation is 10% per annum.
E. According to the instant credit guarantee agreement, the Plaintiff’s expenses incurred in the execution, preservation, exercise, and legal procedures are to be paid from the Defendant Company. The legal procedure expenses incurred by the Plaintiff in order to preserve its claim for reimbursement against the Defendant Company are KRW 1,053,755.
F. According to the credit guarantee agreement of this case, when the guaranteed party fails to perform the principal obligation within the term of guarantee, the Plaintiff shall receive penalty from the Defendant Company. However, the penalty for attempted penalty to be borne by the Defendant Company is KRW 305,790.
G. On December 29, 2015, Defendant B, at the time of concluding the instant mortgage agreement, was the sole active property of the instant real estate at the time of the contract on the instant real estate in excess of the debt. However, Defendant B, on the other hand, assumed multiple obligations, including the maximum debt amount of KRW 74,100,000, the maximum debt amount of KRW 19,200,000, and the joint and several debt amount of KRW 500,00 against Defendant C.
The real estate listed in the separate sheet, which is the only property of Defendant C, shall be less than the real estate.