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(영문) 수원지방법원 2020.11.26 2020가단540512

구상금

Text

The Defendants jointly and severally against the Plaintiff KRW 124,258,149 and KRW 124,040,459 among them shall be jointly and severally against the Plaintiff from May 19, 2020 to June 15, 2020.

Reasons

1. Facts of recognition;

A. In obtaining a loan from Defendant B, the Plaintiff entered into a credit guarantee agreement with the following terms on April 17, 2015, and Defendant C jointly and severally guaranteed the Plaintiff’s obligation to be borne by Defendant B.

Guarantee period: From April 17, 2015 to April 17, 2016 (Extension until April 10, 2020): 124,00,000 won

B. Defendant B loaned KRW 124,00,000 from D Bank; however, on October 1, 2019, Defendant B lost the benefit of time due to the suspension or closure of business, and the Plaintiff paid KRW 124,040,459 on May 19, 202 to D Bank in subrogation of Defendant B.

C. According to the credit guarantee contract of this case, when the plaintiff performed the guaranteed obligation, the defendant B is liable to pay the penalty in addition to the subrogated payment, and the damages for delay shall be added by 8% per annum from the date of repayment as to the subrogated payment.

The penalty caused by the plaintiff's subrogation is 217,690 won.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the total amount of subrogated and penalty of KRW 124,258,149, and the amount of subrogated payment of KRW 124,040,459, whichever is the date of subrogation, 8% per annum, which is the interest rate for delayed damages, from May 19, 2020 to June 15, 2020, which is the last service date of the instant payment order, and 12% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. In conclusion, the plaintiff's claim against the defendants is justified, and all of them are accepted. It is so decided as per Disposition by the assent of all.