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(영문) 서울중앙지방법원 2018.02.06 2016가합550566

구상금 등 청구의 소

Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 425,116,487 and KRW 196,458,622 among them. < Amended by Presidential Decree No. 2742, Jul. 15, 2016>

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”).

(2) In the event that each credit guarantee agreement between the parties (hereinafter referred to as "the instant tea agreement") with the content as described below is individually named in the table, the term "the instant tea agreement" shall be referred to in the table, and the term "each of the instant agreements" shall be referred to in the table.

Defendant B concluded a credit guarantee agreement with the Defendant Company, and jointly and severally guaranteed the obligation of the Plaintiff under each of the instant agreements. Defendant B concluded a credit guarantee agreement with the Defendant Company on March 11, 2009, 160,000,000 joint and several surety guarantee term of guarantee of guarantee date (the change to March 3, 2017) on September 34, 2009, 30,000,000,000, 30,000,000, 30,000,000, 30,000, 9, 20, 30, 20, 20, 30, 20, 20, 30, 20, 30, 200, 30, 20, 200, 30, 200, 30, 200, 200, 30, 200, 209.

3) According to each of the instant agreements, where the Plaintiff performed the guaranteed obligation, the Defendant Company calculated by adding the annual rate of 5/1,000 from the day following the date of payment of the guaranteed obligation to ① the amount of subrogated payment made by the Plaintiff for the performance of the obligation, and the amount of damages determined by the Plaintiff from the date of payment of the subrogated payment to the date of full payment of the said amount (12% per annum from December 1, 2012 to January 31, 2016, and interest or delay damages calculated by 10% per annum from February 1, 2016, and ② interest or delay damages calculated by adding the guarantee fee rate of 5/1,00 per annum from the date of payment