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(영문) 대전지방법원 2019.07.18 2018가단220212

구상금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 72,935,202 and KRW 72,852,652 among them, from August 3, 2018 to October 1, 2018.

Reasons

1. Facts of recognition;

A. On January 28, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A with a view to setting the term of guarantee to KRW 72 million among the housing lease loans that the said Defendant received from C Bank until April 30, 2018 (hereinafter “instant credit guarantee agreement”), and issued a credit guarantee agreement to Defendant A, with the effect that the Plaintiff guarantees the term of guarantee until April 30, 2018.

B. On January 28, 2014, Defendant A was loaned KRW 80 million from C Bank as collateral with the said credit guarantee statement.

C. According to the instant credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, the Defendant A paid the amount of subrogation and the amount of delay compensation calculated by the Plaintiff’s prescribed rate (8% per annum from August 3, 2018, the day following the date of the instant subrogation), the legal procedure costs (payment by subrogation) incurred by the Plaintiff to enforce or preserve the relevant right by performing the guaranteed obligation, and additional guarantee fees for the amount not performed among the guaranteed obligation.

When Defendant A had a credit accident in arrears with the repayment of principal of the loan to C Bank, the Plaintiff subrogated for KRW 72,852,652 to C Bank on August 2, 2018 in accordance with the credit guarantee agreement of this case.

On the other hand, the defendant A's attempted additional guarantee fee under the credit guarantee agreement of this case is KRW 82,550.

E. The Defendants lived together with the leased money borrowed by Defendant A as a collateral for the Plaintiff’s credit guarantee between husband and wife.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 7 (including each number in the case of additional number), the purport of the whole pleadings

2. According to the facts of the above recognition, since the defendant A's obligation of indemnity against the plaintiff was caused by a juristic act related to daily home affairs, the defendants jointly and severally pursuant to the main sentence of Article 832 of the Civil Act, and KRW 72,935,202 (i.e., an additional fee of KRW 72,852,652) to the plaintiff (i.e., an additional fee of KRW 72,852,652) and the payment by subrogation among them is KRW 72,852,652.

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