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(영문) 서울중앙지방법원 2019.12.10 2018가단5255047

구상금 등

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 17,960,946 and KRW 16,874,417 from October 12, 2018 to March 12, 2019.

Reasons

1. Basic facts

A. On October 10, 2014, the Plaintiff entered into a credit guarantee agreement between Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) with respect to KRW 50,000,000,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

Defendant B jointly and severally guaranteed the obligation to be borne by Defendant A according to the instant credit guarantee agreement.

B. Under the instant credit guarantee agreement, where the Plaintiff fulfilled the guaranteed obligation, Defendant A decided to reimburse all the obligations of the Plaintiff, including ① the Plaintiff’s repayment amount of the guaranteed obligation, ② the rate determined by the Plaintiff from the date of performance to the date of repayment, ③ the expenses incurred in the performance of the guaranteed obligation, ④ the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, and the rate of damages determined by the Plaintiff is 10% per annum after February 1, 2018.

C. On July 10, 2018, Defendant A caused a guarantee accident in which payment of the principal of the loan was delayed. On October 12, 2018, the Plaintiff subrogated to C for KRW 16,874,417 as a performance of the guaranteed obligation under the credit guarantee agreement of this case, and 1,086,529 won was incurred from the Plaintiff’s preservation of rights, transfer and exercise of the guaranteed obligation.

[Ground of recognition] between the plaintiff and the defendant A: A without dispute, each entry of Gap evidence 1-7, the purport of the whole pleadings, and between the plaintiff and the defendant Eul: Confession (Article 150(3) of the Civil Procedure Act)

2. Based on the facts of the above recognition, Defendant A shall be subject to the credit guarantee agreement of this case, and Defendant B shall be jointly and severally liable for the said amount and the total expenses of subrogation and all expenses pursuant to the said joint and several sureties, and for KRW 16,874,417 of the subrogated amount, the duplicate of the complaint of this case shall be from October 12, 2018 to the said Defendants, as the Plaintiff seeks.