구상금
The Defendant’s KRW 283,302,461 and KRW 282,59,291 among the Plaintiff shall be 8% per annum from September 18, 2019 to October 1, 2019.
1. Around July 19, 2018, the Plaintiff entered into a credit guarantee agreement with the Defendant regarding loans of KRW 330 million from the Industrial Bank of Korea by setting the credit guarantee principal amounting to KRW 280,50,000,000 from July 19, 2018 to July 18, 2019, including the following major contents.
Article 3 (Payment of Guarantee Fees, etc.) (3) If the defendant fails to pay the principal obligation within the period of discharge of the principal obligation, he shall be paid the penalty calculated by multiplying the amount guaranteed, among the guaranteed obligations, by the rate calculated by adding the rate of 0.5% per annum to the amount guaranteed.
Article 9 (Performance and Notice of Guaranteed Obligations) (1) When a plaintiff receives a claim from a creditor to discharge a guaranteed obligation, the plaintiff shall discharge the guaranteed obligation in accordance with Acts and subordinate statutes and a credit guarantee contract with the creditor.
Article 10 (Scope of Repayment) (1) When the plaintiff has performed the guaranteed obligation, the defendant and the joint and several sureties shall immediately refund the following amounts:
1. Performance amount of the surety obligation;
2. Damages calculated by multiplying the amount under subparagraph 1 by the rate determined by the Plaintiff from the date of performance of the guaranteed obligation until the date of repayment thereof, the Plaintiff issued a credit guarantee certificate to the Defendant pursuant to the said credit guarantee agreement on July 19, 2018. On July 25, 2018, the Defendant obtained a loan with the maturity of KRW 330 million from the Industrial Bank of Korea on the security of the said credit guarantee certificate at the maturity of July 18, 2019.
On July 19, 2019, the Industrial Bank of Korea notified the Plaintiff of the occurrence of a credit guarantee accident on July 29, 2019, when the Defendant delayed the repayment of the principal of the loan. On September 18, 2019, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 282,59,291 (principal = 280,50,000,000 + delay damages 2,09,291 + delay damages 2,09,291) (the principal + 280,50,000,000 + delay damages 2,09,291) pursuant to the said credit guarantee agreement, and the penalty under Article 3(3) of the said credit guarantee agreement that occurred at that time was determined by the Plaintiff.