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(영문) 청주지방법원 2016.09.01 2016가합21190

구상금

Text

1. Defendant A, Defendant B, and Defendant C jointly and severally with the Plaintiff KRW 180,835,101 and KRW 178,527,894 among them.

Reasons

1. Determination as to claims against Defendant A, Defendant B (hereinafter “Defendant B”), and Defendant C

A. 1) The Plaintiff’s claim indication 1) The credit guarantee agreement between Defendant A and Defendant B operating F (hereinafter “credit guarantee agreement of this case”) under the credit guarantee agreement between Defendant C and Defendant B, which is a joint and several surety (hereinafter “credit guarantee agreement of this case”) on May 10, 2013.

(2) The credit guarantee agreement between Defendant C and Defendant B (hereinafter “instant credit guarantee agreement”) under the credit guarantee agreement between Defendant A and Defendant B, which is a joint and several surety (hereinafter “credit guarantee agreement”). < Amended by Act No. 11835, May 10, 2013; Act No. 11835, May 8, 2015>

(2) According to the credit guarantee agreement of this case, where the above Defendants failed to perform their obligation to repay loans, and the Plaintiff makes a subrogation from the date of performance to the date of repayment, the payment of guarantee fees, fines for negligence, penalty, damages, substitute payment, etc. arising from the interest rate determined by the Plaintiff and the credit guarantee agreement with respect to the amount of subrogated payment.

3) Defendant A and Defendant C submitted a credit guarantee statement issued pursuant to the credit guarantee agreement under the instant credit guarantee agreement, and received a loan from each of the following financial institutions. Around April 2015, the occurrence of a credit guarantee accident occurred on May 9, 2015, starting with the principal of the loan and causing the occurrence of a credit guarantee accident. Accordingly, the Plaintiff paid a total of KRW 90,00,000 and interest KRW 1,923,840 in accordance with the credit guarantee agreement under Article 1 of the instant credit guarantee agreement and KRW 91,923,840 in total, KRW 923,840 in total, and KRW 85,60,000 in interest and KRW 1,60,000 in total, KRW 86,604,054 in total, KRW 86,604,054 in each of the instant credit guarantee agreements (i.e., payment of KRW 1,36,307, KRW 1294,75400.

On the other hand, the rate of delay damages determined by the Plaintiff pursuant to the credit guarantee agreement of this case No. 1 and No. 2 shall be September 2, 2015, which is the date of subrogation.