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Reasons
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(영문) 서울중앙지방법원 2019.09.10 2018가단5072853
구상금 등
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1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 92,306,542 and KRW 90,878,946 among them.

Reasons

1. Facts of recognition;

A. A. The Plaintiff (hereinafter “A”) on May 30, 2017, on a credit guarantee agreement and joint and several sureties agreement 1)

B) As regards Defendant A’s obligation to repay the principal and interest of a small and medium enterprise of KRW 100,000,000,000 which Defendant A will receive from the Industrial Bank of Korea’s additional branch, the guaranteed amount of KRW 90,000 (90% of the guaranteed amount) and the credit guarantee agreement established on May 29, 2018 (hereinafter “the instant credit guarantee agreement”).

After the conclusion of the credit guarantee agreement, Defendant A issued a credit guarantee certificate to Defendant A. (2) At the time of the instant credit guarantee agreement, Defendant B, a representative director of Defendant A, jointly and severally guaranteed all obligations owed by Defendant A to the Plaintiff according to the instant credit guarantee agreement.

3) According to the credit guarantee agreement in this case, where the Plaintiff subrogated for the guaranteed obligation to the Industrial Bank of Korea pursuant to the credit guarantee agreement in this case, the amount of subrogation and the amount of delay damages, attempted penalty, and legal procedure expenses determined by the Plaintiff from the date of subrogation until the date of full payment of the amount of subrogation. However, the rate of delay damages determined by the Plaintiff is 10% per annum. (B) The Defendant A obtained a credit guarantee agreement issued by the Plaintiff as security from the Industrial Bank of Korea on July 17, 2017, and obtained a loan of KRW 100,000,000 from the Industrial Bank of Korea on December 17, 2017.

Accordingly, on March 23, 2018, pursuant to the instant credit guarantee agreement, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 91,159,786 out of the principal and interest of loans of Defendant A, and collected KRW 280,840 on the same day and appropriated the amount of subrogation for the partial repayment of the amount of subrogated payment (=9,159,786 - 280,840 won), and the remainder of the amount of subrogated was 90,878,946 won (=9,786 - 280,840 won). The final delay damages incurred with respect to the amount recovered (=280,840 x 10 x 10 x 1/365)

2. The plaintiff is above.

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