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(영문) 서울중앙지방법원 2016.08.09 2016가단5013119

구상금

Text

1. The Defendants jointly and severally committed against the Plaintiff as to KRW 113,604,242 and KRW 113,08,502 among them, from December 17, 2015.

Reasons

1. The facts stated in the reasons for the claim in the separate sheet of the facts of recognition do not conflict between the parties or are recognized by considering the overall purport of the pleadings as a whole in each entry in Gap evidence 1 to 4 (including paper numbers).

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 113,604,242 (the aforementioned amount 113,088,502 additional guarantee fees for attempted payment of KRW 515,740) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from December 17, 2015, the date of repayment, to December 17, 2015 (the Defendant A, February 3, 2016; the Defendant B Housing Reconstruction and Improvement Project Association, February 18, 2016); and the damages for delay calculated at the rate of 113,08,50 per annum from the next day to the date of repayment.

Therefore, the Defendants asserted to the effect that they did not agree with the agreement on overdue interest rates or guarantee fees at the time of the credit guarantee agreement. As such, the Defendants asserted to the effect that they did not agree with the agreement, so long as the content of the agreement is acknowledged to be genuine, the existence and content of the declaration of intent indicated in the agreement should be recognized in the document unless there is any clear and acceptable counter-proof that the content of the agreement is denied. The credit guarantee agreement (Evidence A No. 2-1) prepared by the Defendants has the same content as the content of the agreement, and there is no counter-proof that the content of the agreement is denied. Accordingly, the Defendants are bound to have expressed such intent. Therefore, the above assertion is without

3. The plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.