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(영문) 인천지방법원 2017.05.31 2016가단233100

구상금

Text

1. The Plaintiff:

A. As to Defendant A Co., Ltd.: KRW 36,452,071 and KRW 36,306,079 among them:

(b) the defendant.

Reasons

1. Facts of recognition;

A. On June 12, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the amount of KRW 40,000,000 of the guaranteed principal as to the small and medium enterprise loans that the Defendant Co., Ltd. obtained from the Industrial Bank of Korea (hereinafter “Defendant Co., Ltd.”) and the amount of KRW 40,000,000,000 of the guaranteed principal, and June 11, 2013 (the change to June 10, 2016). The representative director of the Defendant Co., Ltd. jointly and severally guaranteed the liability for indemnity that the Defendant Co., Ltd will bear pursuant to the said credit guarantee agreement.

B. According to the above credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, Defendant Company and F paid the amount of performance, the rate of loss determined by the Plaintiff from the date of performance to the date of repayment (12% per annum as of July 8, 2016) and the 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, unpaid guarantee fee, overdue guarantee fee, additional guarantee fee, insurance premium paid by the Plaintiff on behalf of the Plaintiff, the enforcement preservation of indemnity claim (including termination), exercise of the guaranteed obligation, and the expenses incurred in legal procedures.

C. The Defendant Company received the Plaintiff’s above credit guarantee from the Industrial Bank of Korea as collateral, and lost the benefit of the loan due to the credit guarantee accident on May 11, 2016. The Plaintiff subrogated the Industrial Bank of Korea for KRW 36,306,079 with the principal and interest of the loan due to the said credit guarantee, on June 29, 2016, and as of July 8, 2016 (hereinafter “base date”), the Plaintiff’s claim for indemnity against the Defendants is as follows.

H H G

D. On May 9, 2016, F jointly inherited the deceased’s property according to their respective shares of inheritance by Defendant C and C, the deceased’s spouse of the deceased F (hereinafter “the deceased”), Defendant D and E, who are the deceased’s children, according to their respective shares of inheritance. As of the base date of the above Defendants, inheritance obligations are as follows:

(B) A. CD E

E. Meanwhile, Defendant C, D, and.