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(영문) 서울중앙지방법원 2018.03.20 2017가단5153601

구상금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 161,57,136 and KRW 160,838,772 from May 16, 2017 to November 2017.

Reasons

1. Basic facts

A. On April 22, 2016, the Plaintiff entered into an agreement with Defendant A Co., Ltd. to provide a credit guarantee within the scope of KRW 16 million of the guaranteed principal and KRW 16 million of the guaranteed principal from the same date of the guarantee period to April 21, 2017, with respect to the obligation to be borne by the Defendant A Co., Ltd. upon receiving a loan from the Industrial Bank of Korea. The Plaintiff issued, in the future, a letter of credit guarantee (guarantee number C) set out in the guarantee principal amount as KRW 16 million, the guarantee period of the Industrial Bank of Korea, April 21, 2017.

B. Meanwhile, Defendant B guaranteed all the obligations owed by the Defendant Company to the Plaintiff according to the above credit guarantee agreement.

C. On April 22, 2016, the Industrial Bank of Korea extended a loan of KRW 16 million to Defendant A, setting the said guarantee as a loan for small and medium enterprise in the subject of credit as a security.

On April 22, 2017, Defendant A caused a credit guarantee accident, and the Plaintiff performed the guaranteed obligation by subrogation, on May 16, 2017, by paying a total of KRW 160,838,772 (i.e., total of KRW 160,00,000,000) interest on the guaranteed obligation to the Industrial Bank of Korea.

The defendants paid additional guarantee fees according to the rate, etc. determined by the creditor based on the governing law, age, etc. (Article 10(1) of the Guarantee Agreement), and additional guarantee fees mean the amount calculated at the rate prescribed by the operating manual of the creditor from the following day of the import period of the guarantee fees which the creditor has already received for the amount not paid among the principal debt guaranteed by the creditor to the day before the date of subrogation (Article 33(2) of the Act and Article 24(1) of the Enforcement Decree of the Act), and the balance of the additional guarantee fees

E. The Defendants paid the Plaintiff expenses incurred in preserving the rights acquired by the Plaintiff as a result of the discharge of the guaranteed obligation (Article 10(1) of the Guarantee Agreement). The Plaintiff is KRW 654,204 of the amount of subrogated payment with the payment of expenses incurred in preserving the claims.

F. The Defendants are guaranteed by the Plaintiff.