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(영문) 부산지방법원 2015.01.22 2013가단217791

구상금

Text

1. The Plaintiff:

A. Defendant A, B, and C are jointly and severally liable for KRW 70,864,311 and KRW 70,038,951 among them. < Amended by Act No. 11613, Mar. 23, 2013>

Reasons

1. Facts of recognition;

A. On August 6, 2011, the Plaintiff provided a credit guarantee by the Defendant A Co., Ltd. (hereinafter “Defendant A”) with respect to a loan obligation that the Plaintiff would receive from the Busan Bank by determining the guaranteed amount of KRW 76.5 million and the guaranteed period as of August 10, 2012. The Defendant A borrowed KRW 90 million from the Busan Bank on August 6, 201.

On August 10, 2012, the Plaintiff notified the Busan Bank of the change of the credit guarantee condition to the effect that the guaranteed amount is KRW 68 million and the term of guarantee is changed to August 9, 2013.

B. According to the above credit guarantee agreement, Defendant A shall pay the amount of subrogation to the Plaintiff when the Plaintiff performed the guaranteed obligation, damages for delay in accordance with the interest rate as determined by the Plaintiff, and expenses for legal procedure.

Current rate of damages for delay determined by the Plaintiff is 15% per annum.

On August 16, 2011, F, the internal director of Defendant A, Defendant B, and C, jointly and severally guaranteed obligations, such as indemnity, to be borne by Defendant A in accordance with the credit guarantee agreement.

C. On November 19, 2012, Defendant A caused a credit guarantee accident due to a natural body. Under the said credit guarantee, the Plaintiff subrogated to the Busan Bank on May 15, 2013 (i.e., principal interest of KRW 68 million) (=2038,951).

Meanwhile, the Plaintiff spent a total of KRW 1,371,420 (the sum of the expenses in the real estate provisional seizure case No. 2012Kadan12026, the real estate provisional seizure case No. 2013Kadan435, Busan District Court No. 2013Kadan216149, respectively) in order to preserve the claim for reimbursement, and some of the expenses were collected and the legal procedure expenses remain 825,360. D.

The F died on October 7, 2012.

I, a wife of the deceased, filed a declaration of renunciation of inheritance with the Busan Family Court 2012-Ma3525, and was tried on December 5, 2012 on December 5, 2012. J and K filed a declaration of renunciation of inheritance with the Busan Family Court 2013-Ma59, and was tried on February 6, 2013.

Accordingly, the deceased is a punishment.