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(영문) 서울남부지방법원 2016.05.17 2015가단240687

구상금

Text

1. The Plaintiff:

A. Defendant (Appointed) jointly and severally with Company B, KRW 46,409,082 and KRW 271,246,464 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with the Plaintiff Company B (hereinafter “Nonindicted Company”). The Defendant (Appointed Party) and the designated parties signed and sealed each of the above credit guarantee agreements as joint and several sureties.

The defendant C Industrial Bank of Korea (Appointed) appointed on April 21, 2008, 200 through April 21, 2009, the loan amount of KRW 185,000,000 as a joint and several surety (the appointed party and the appointed party agreed thereto and signed and sealed it as a joint and several surety). The defendant C Industrial Bank of Korea appointed on April 21, 2008, 200, KRW 2190,000,000,000 through June 11, 2009 to June 11, 2010 to June 11, 2010 (amended on June 5, 2015), which is a joint and several surety, for the guarantee term of KRW 185,00,000,000, KRW 200,000, KRW 1008,010 to June 10, 2015 (amended on June 5, 2015).

B. After all, on November 10, 2014, the Industrial Bank of Korea notified the occurrence of a credit guarantee accident due to the loss of profit by the due date on November 10, 2014 with respect to loans Nos. 1 and 2, and on November 20, 2014, the Korea CTR Bank notified the occurrence of a credit guarantee accident due to delinquency in interest.

C. Accordingly, on March 20, 2015, the Plaintiff subrogated for KRW 271,246,464 in total with the principal and interest of loans set forth in Nos. 1 and 2 in the Industrial Bank of Korea. On April 6, 2015, the Plaintiff subrogated for KRW 183,14,960 in total with the principal and interest of loans set forth in Nos. 3 in the Korea C&bank.

Accordingly, the amount of indemnity against the non-party company as of September 16, 2015 is KRW 456,409,082 (=271,246,464 won by subrogation) (271,246,464 won by subrogation) 183,14,960 won by subrogation, and KRW 2,017,658 won by subrogation. The Plaintiff’s interest rate for delay on the Plaintiff’s claim for indemnity is 12% per annum after the

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 15 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, ① the defendant (appointed party) who is a joint and several surety shall be jointly and severally with the non-party company 456,409.