구상금등
1. The Plaintiff:
A. Defendant A’s KRW 55,119,583 as well as 12% per annum from April 17, 2013 to August 31, 2015.
1. On June 20, 2012, Defendant A entered into a credit guarantee agreement (hereinafter “instant agreement”) with the Plaintiff regarding the obligation to lend workers’ full-time loans from the Industrial Bank of Korea (hereinafter “instant loan”). On the same day, Defendant A borrowed KRW 60,000,000 from an enterprise bank as collateral for the instant agreement (hereinafter “instant loan”).
Defendant A was unable to repay the principal and interest of the instant loan, and the Plaintiff subrogated for KRW 5,436,923 on April 17, 2013 to the Industrial Bank of Korea on behalf of the Plaintiff, and collected KRW 317,340 on the same day, and the remainder of the subrogation was KRW 55,119,583 (=5,436,923 - KRW 317,340).
The rate of damages for delay under the instant agreement is 12% per annum from the day following the Plaintiff’s implementation to August 31, 2015, and the next day is 8% per annum.
The Defendants, in collusion, were convicted of committing a criminal offense committed by deceiving the Bank of Korea of KRW 60,00,000, by submitting to the Industrial Bank of Korea a false lease agreement made by Defendant A, lessor B, or Defendant C, a real estate broker, for the following reasons:
[Reasons for Recognition] Evidence No. 1 to 7, the purport of the whole pleadings
2. According to the above basic facts as to the claim against Defendant A, according to the instant agreement, Defendant A is obligated to pay to the Plaintiff the remainder of 5,119,583 won by subrogation and 12% per annum from April 17, 2013 to August 31, 2015, the date of subrogation by the Plaintiff, and 8% per annum from the following day to March 3, 2016, the date of final delivery of the copy of the instant complaint, to the date of full payment, each delay damages amounting to 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
3. Determination as to claims against Defendant B and C
A. According to the facts above establishing the liability for damages, Defendant B and C shall be jointly with Defendant A unless there are special circumstances as joint tortfeasor.