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1. The bankrupt who is the bankruptcy trustee B of the bankrupt, who is the plaintiff's taking over of the lawsuit by the defendant B, and the lawsuit by the defendant D.
Reasons
1. Basic facts
A. On April 4, 2013, the Plaintiff entered into a credit guarantee agreement with the Defendant Company, and issued a credit guarantee agreement with the Defendant Company as of April 30, 2015, with the guaranteed principal of KRW 180,000,000,000, and with the term of guarantee as of April 30, 2015, the Plaintiff provided a credit guarantee for the principal and interest to be borne by the Defendant Company by obtaining a loan from the Korea Bank (hereinafter “Korea Bank”). On April 3, 2015, prior to the expiration of the said guarantee period, the Plaintiff renewed the said credit guarantee agreement with the Defendant Company as of April 1, 2016.
B. According to the above credit guarantee agreement, when the Plaintiff performed the above guaranteed obligation, the Defendant Company paid to the Plaintiff all of the incidental obligations, including the amount subrogated by the Plaintiff, damages after the date of performance, additional guarantee fees calculated by adding a certain percentage of the first applicable guarantee fee rate to the Plaintiff from the day following the date of payment of guarantee fees for the amount of the guaranteed obligation not terminated, and other legal procedure expenses paid by the Plaintiff for delay.
C. B and D, upon the above credit guarantee agreement, jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff.
Defendant Company lost its interest due to overdue interest, etc. on April 6, 2015, but did not pay the principal and interest of the loan. Accordingly, on August 28, 2015, the Plaintiff paid the principal and interest of the loan to Korea Bank KRW 180,944,316 due to credit guarantee.
E. The rate of damages determined by the Plaintiff as to the amount of subrogation is 17% per annum from December 30, 1996 to December 1, 2010, 14% per annum from December 2, 2010 to May 31, 2015, and 12% per annum from June 1, 2015.
F. The Plaintiff collected KRW 690,840 out of the subrogated amount, thereby causing damages to KRW 227,00,000. The remainder of the legal procedure cost that the Plaintiff paid by delay in order to secure the claim for reimbursement against the Defendant Company is KRW 395,160.
(g) B and D, May 3, 2016, respectively.