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(영문) 광주지방법원 2016.10.19 2015가단525969

구상금

Text

1.(a)

Defendant A and Defendant B jointly and severally against the Plaintiff KRW 71,926,175 and KRW 71,165,394.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for reimbursement against Defendant A 1) Defendant A Co., Ltd. (hereinafter “Defendant A”)

(A) In order to obtain a loan of KRW 32,00,000 from a bank with ordinary funds for business operation, on November 8, 2013, the credit guarantee agreement shall be entered into on November 7, 2014 with the Plaintiff and the guaranteed principal of KRW 25,60,000, and the term of guarantee (hereinafter referred to as the “Agreement 1”).

(B) the credit guarantee agreement was made and issued pursuant to the agreement, the non-party Gwangju Bank's dong Branch (hereinafter referred to as the "non-party Bank").

After submitting to the Plaintiff, 32,00,000 won was loaned on November 7, 2014. In addition, in order to obtain a loan from a non-party bank with a general fund of KRW 45,00,000,000, the term of the loan shall be set forth as the credit guarantee agreement (hereinafter referred to as the “the second agreement”) with the Plaintiff on November 8, 2013 and the guaranteed principal as of November 7, 2014, to obtain a loan from the non-party bank with a general fund of KRW 45,00,000.

(2) Upon the completion of a credit guarantee agreement, the term of the loan was determined on November 7, 2014 and extended KRW 45,00,000 to the non-party bank. Under each credit guarantee agreement, Defendant A jointly and severally guaranteed all the obligations, such as the reimbursement obligation to be borne by Defendant A to the Plaintiff. (2) As Defendant A lost its interest due to the delayed payment of principal on November 7, 2014, the Plaintiff requested for the performance of each guaranteed obligation from the non-party bank, and on December 10, 2014, the Plaintiff subrogated the non-party bank to pay the principal and interest of KRW 25,835,47, KRW 477, KRW 45,329, KRW 917, and KRW 71,165,394, including the principal and interest of the loan under each agreement.

In addition, from November 8, 2014 to December 9, 2014, the date prior to the performance of the guaranteed obligation, 129,970 won of penalty amounting to 2.1% per annum on the guaranteed principal [25,60,000 won of the guaranteed principal of the first agreement x 2.1% x 2.1% x [32 days/365] + (45,00,000 won of the guaranteed principal of the second agreement x 2.1% x 2.1% x 365 days]].

The plaintiff is 630,811 won as substitute payments, such as the execution, preservation, and exercise of the claim for reimbursement against the defendant A and the defendant B, and legal procedure costs.