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(영문) 서울남부지방법원 2018.05.23 2018가단202457

구상금

Text

1. As to KRW 536,041,631 and KRW 536,041,353 among the Plaintiff, the Defendant shall start from September 15, 2017 to December 9, 2017.

Reasons

1. Facts of recognition;

A. A. On November 17, 2015, B Co., Ltd. (hereinafter “B”) entered into a credit guarantee agreement with the Plaintiff and received a loan from the KEB bank according to each guarantee agreement as follows:

(hereinafter each guarantee agreement refers to the “instant guarantee agreement,” and each of the loans is “each of the instant loans.” Serial Nos. 1 C 427,000,000 as of the date of loan (won) the guarantee number guarantee period of guarantee (won) 1 C 427,000,000 on November 17, 2016 (up to November 17, 2017, 2015) 429,000,000 2 D 100,000,000 above Dong Dong 10,000,0000

B. The Defendant, who is the representative director B, guaranteed all obligations owed by B to the Plaintiff according to the instant guarantee agreement.

In the instant guarantee agreement, B decided to pay to the Plaintiff the amount of performance of the guaranteed obligation and damages for delay at the rate determined by the Plaintiff (10% per annum from February 1, 2016) in the event that the Plaintiff fulfills the guaranteed obligation for B.

C. B paid the interest of each of the instant loans on May 15, 2017, and on May 29, 2017, a credit guarantee accident occurred that delayed payment of principal. On September 15, 2017, the Plaintiff subrogated to the KEB Han Bank for the total amount of KRW 537,057,973 ( principal KRW 429,00,000 and interest KRW 6,534,727 as principal and interest KRW 10,523,246).

Meanwhile, the Plaintiff is a person who recovered KRW 1,016,620 after the date of the said subrogation.

(On the other hand, the compensation for delay for the amount of KRW 1,016,620 from the date of subrogation to the date of recovery shall be KRW 278). [Grounds for recognition] The fact that there is no dispute, each entry in Gap evidence 1 to 6, and the purport of the whole pleadings.

2. According to the above facts of determination as to the cause of the claim, the Defendant, a joint and several surety for the instant guarantee agreement, is the Plaintiff KRW 536,041,631 (i.e., the amount of subrogation 537,057,973 - the amount of recovery - KRW 1,016,620 from the date of subrogation to the date of recovery), and the amount of delayed subrogation 536,041,353 among them.