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(영문) 부산지방법원 2015.09.16 2014가합44003

구상금

Text

1. The Plaintiff:

A. Defendant A, B, and D are jointly and severally liable for KRW 460,436,832 and KRW 382,843,459 among them.

Reasons

1. Basic facts

A. Conclusion of credit guarantee agreement and loan 1) Defendant A Co., Ltd. (hereinafter “Defendant A”).

(1) The Daegu Bank (hereinafter referred to as the “Tgu Bank”) shall enter into a credit guarantee agreement with the Plaintiff and obtain a credit guarantee agreement as set out in the following table:

(1) The National Bank (hereinafter referred to as “National Bank”) and the National Bank (hereinafter referred to as “National Bank”);

(3) each credit guarantee agreement of this case is the “each credit guarantee agreement of this case” as set out below.

(2) On May 29, 2009, May 29, 2009, 200, 200, 380,000,000 Daegu Bank on May 19, 2019, 200, 380,000 Daegu Bank on May 29, 2010 ( May 16, 2014) 19, 200,000,00 National Bank on December 7, 2012, 20, 200,000, 200,000 National Bank on December 7, 2012, 20, 200, 200, 200, as the guarantee period (the changed period) for the original lending institution’s guarantee period (the changed period), Defendant D entered the credit guarantee agreement under each of the instant credit guarantee agreements, and the credit guarantee agreement under each of the instant credit guarantee agreements under each of the instant credit guarantee agreements under each of the instant credit guarantee agreements.

3) According to each credit guarantee agreement of this case, when the Plaintiff fulfilled the guaranteed obligation, the amount subrogated by the Defendant A to the Plaintiff and the damages for delay calculated by calculating the interest rate and calculation method set by the Plaintiff from the date of the subrogation to the date of full payment. The Plaintiff’s damages for delay determined by the Plaintiff is 12% per annum. (B) On January 11, 2014, when a credit guarantee accident, such as the natural body of the Defendant A, etc., occurred, the Plaintiff subrogated to the Daegu Bank and the National Bank for the obligation of the Defendant A, and the details of the amount of subrogated and recovered, and the amount of the fixed delay damages are as listed below. (C) Determination of the balance of the principal amount subrogated and interest collected by subrogation (won) on the date of subrogation (won 380,000,005, 438,5352,597, 382, 384, 186, 2084, 2086.