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(영문) 울산지방법원 2016.06.10 2016가단3118

구상금

Text

1. As to KRW 42,755,064 and KRW 42,572,936 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from December 31, 2015 to February 24, 2016.

Reasons

1. On June 13, 2014, B Co., Ltd. (hereinafter “B”) borrowed KRW 50 million from Gyeongnam Bank under the credit guarantee agreement with the Plaintiff on credit guarantee agreement with the Plaintiff. The Defendant jointly and severally guaranteed B’s obligation with respect to the above credit guarantee agreement between B and the Plaintiff; and upon delay in the repayment of the above loan, Gyeongnam Bank demanded the Plaintiff to repay the above loan pursuant to the above credit guarantee agreement; on December 30, 2015, the Plaintiff paid the above loan amounting to KRW 42,762,726 on behalf of Gyeongnam Bank on behalf of B on December 30, 2015; according to the above credit guarantee agreement between the Plaintiff and B, the rate of delay in reimbursement due to subrogation is 12% per annum; the amount of delay notified by the Plaintiff on December 30, 2015, at the remaining amount of subrogation is 42,762,7629,7297,7297,29717,7167,27.17.

According to the above facts, as a joint and several surety of B, the Defendant is obligated to pay the Plaintiff 42,755,064 won (i.e., the remaining amount of subrogated payment of KRW 42,572,936 with interest of KRW 14,058 with substitute payment of KRW 168,070 with substitute payment of KRW 14,058 with substitute payment of KRW 168,070 with substitute payment of KRW 42,572,936 with interest of KRW 42,536, which is the date following the base date for calculating the principal and interest of the Plaintiff, from December 31, 2015 to February 24, 2016, the agreed rate of KRW 12% per annum, which is the date of delivery of the copy of the complaint of this case, and damages for delay calculated by each 1

2. As to the defendant's defense, the defendant, and Article 30-3 of the Credit Guarantee Fund Act, where the creditor is the Fund, the small and medium enterprise.