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(영문) 서울중앙지방법원 2016.03.23 2014가합594432

구상금

Text

1. The Plaintiff:

A. As to the Defendant A and F jointly and severally KRW 261,060,511 and KRW 260,412,878 among them, Defendant A and F shall be jointly and severally held liable.

Reasons

1. Basic facts

A. On June 9, 2010, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the credit guarantee principal of KRW 300,00,000, and the credit guarantee period from June 9, 201 to June 8, 2011 (hereinafter “instant agreement”). On the same day, pursuant to the instant agreement, the Defendant Co., Ltd. issued a credit guarantee agreement with the amount of KRW 300,000 (a loan amount of KRW 300,000,000,000, and a guarantee rate of KRW 100,000) and June 8, 2011 (the guarantee period was changed to three times and finally changed to June 5, 2015). The Defendant Co. obtained a loan of KRW 300,000,000 from an overseas exchange bank secured by the said credit guarantee agreement (hereinafter “instant agreement”).

On the other hand, the network B and Defendant F guaranteed the obligation to be borne by the Defendant Company to the Plaintiff in accordance with the instant agreement.

B. According to the instant agreement, when the Plaintiff fulfilled the guaranteed obligation, the obligor and the joint guarantor have to reimburse the amount of the performance of the guaranteed obligation, damages according to the interest rate as determined by the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, and penalty, etc.

C. After that, around October 24, 2014, the Plaintiff was notified by the Korea Exchange Bank that the Defendant Company caused a credit guarantee accident due to this natural body on October 10, 2014. On or around November 25, 2014, the Plaintiff subrogated to the Korea Exchange Bank for a total of KRW 261,609,458 (= principal interest of KRW 260,000,000) based on the instant loan (= interest of KRW 1,609,458).

In accordance with this case, 1,091,860 won was incurred, and 444,620 won out of the above expenses for the preservation of claims is 647,240 won (=1,091,860 won-44,620 won) for the remainder of the expenses for the preservation of claims.

E. The Plaintiff is out of the amount of subrogated payment around November 25, 2014.