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(영문) 서울남부지방법원 2017.07.11 2017가단216480

구상금

Text

1. As to KRW 791,327,00 and KRW 791,324,769 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 791,327,05 from December 12, 2016 to March 9, 2017.

Reasons

1. Facts of recognition;

A. On September 18, 2009 and October 8, 2012, when the Plaintiff obtained a loan from a bank, the Plaintiff entered into a credit guarantee agreement with the Plaintiff to guarantee the loan principal of the non-party company as KRW 380,000,000, and KRW 600,000,000, with respect to the loan principal and interest of the non-party company. In addition, when the Plaintiff performed its obligation on behalf of the non-party company on behalf of the bank, the non-party company entered into an agreement with the Plaintiff to pay to the Plaintiff the amount of the loan principal of the non-party company as the guaranteed principal, the non-party company shall pay the interest rate calculated by adding the interest rate set by the Plaintiff from the day after the payment date to the day after the full payment date, the additional guarantee fee calculated by adding the guarantee fee rate set by the Plaintiff to the guarantee fee rate set by the date from the date

(hereinafter “each credit guarantee agreement of this case”). (b)

On September 18, 2009 and October 8, 2012, the defendant jointly and severally guaranteed the obligation of the non-party company to be borne by the non-party company under each credit guarantee agreement of this case.

(hereinafter “each joint and several sureties contract of this case”).

On September 18, 2009 and October 8, 2012, Nonparty Company borrowed a loan from the Industrial Bank of Korea as collateral under each of the instant credit guarantee agreements. On October 25, 2016, Nonparty Company suffered a credit guarantee accident that would lose the benefit of time due to Nonparty Company’s application for rehabilitation.

Accordingly, on December 12, 2016, the Plaintiff subrogated to the Industrial Bank of Korea for the total amount of KRW 195,562,369, and KRW 603,949,180.

E. Meanwhile, the Plaintiff recovered KRW 8,186,780 from the non-party company, and the final damages incurred as of the date of subrogation are KRW 2,236, and the interest rate for delay determined by the Plaintiff is 10% per annum from February 1, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, special circumstances exist.