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1. As to KRW 134,447,260 and KRW 133,863,860 among the Plaintiff, Defendant A shall be from July 13, 2017 to August 24, 2017.
Reasons
1. Basic facts
A. On June 20, 2016, the Plaintiff entered into an export credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with C Co., Ltd. (hereinafter “C”) and C with respect to loans that the Industrial Bank of Korea will receive from the Industrial Bank of Korea, setting a credit guarantee limit of 145,80,000, guarantee rate of 90%, guarantee rate of 90%, and period from June 28, 2014 to June 22, 2017, and issued an export credit guarantee agreement with such content.
According to the credit guarantee agreement of this case, in the event that the plaintiff performed the guaranteed obligation in accordance with the credit guarantee agreement of this case, C pays the amount of subrogation and reasonable expenses required for the exercise of the right acquired by the plaintiff as a result of the discharge of the guaranteed obligation, and pays damages for delay calculated by the overdue interest rate of 10% per annum from the day following the date the guaranteed obligation is discharged
In addition, according to the credit guarantee agreement of this case, C's application for commencement of rehabilitation procedures constitutes a credit guarantee accident, and if a credit guarantee accident is notified by a lending institution, the plaintiff can exercise prior right to indemnity.
At the time, Defendant A, the representative director of Defendant C, was jointly and severally guaranteed all obligations, such as indemnity liability owed by C to the Plaintiff in accordance with the credit guarantee agreement of this case.
B. C submitted the above export credit guarantee certificate to the Industrial Bank of Korea, and received a loan of KRW 148,00,000 as a total as trade bill loan within the guarantee period.
C On June 20, 2017, the Seoul Rehabilitation Court 2017 Gohap10057 applied for simplified rehabilitation procedures. On June 23, 2017, the Bank notified the Plaintiff that the credit guarantee accident occurred.
C. On July 12, 2017, pursuant to the credit guarantee agreement of this case, the Plaintiff paid the principal amount of KRW 133,863,860 (=interest of KRW 133,200,000) on behalf of the said bank, which corresponds to the rate of guarantee of the principal and interest of the said bank (i.e., interest of KRW 133,200,860).