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(영문) 인천지방법원 2017.08.22 2016가단208869

구상금

Text

1. As to KRW 40,236,459 and KRW 36,179,839 among the Plaintiff, Defendant A’s year from February 19, 2016 to June 8, 2016.

Reasons

1. Determination as to the claim against Defendant A

A. Claims for indemnity against Defendant A as examined below

(b) Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to claims against Defendant B and C

A. 1) On October 31, 201, the Plaintiff entered into a credit guarantee agreement with Defendant A under which the principal of the credit guarantee principal is KRW 50,00,000, and the term of guarantee is October 30, 2012 (hereinafter referred to as “instant guarantee agreement”) with regard to the obligation to repay the principal and interest of loan to be loaned by the Industrial Bank of Korea of Korea (hereinafter referred to as the “Industrial Bank of Korea”), and issued a credit guarantee agreement thereto.

B) According to the instant guarantee agreement, when Defendant A failed to repay the principal and interest of loan to a non-party bank and the rate of calculation method determined by the Plaintiff, 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 fees, overdue guarantee fees, additional guarantee fees, insurance premium paid by the Plaintiff on behalf of the Plaintiff, preservation of the execution of indemnity claim (including termination) and exercise of indemnity claim, and expenses incurred in legal procedures, etc., the Defendant A agreed to pay the Plaintiff the amount of the principal and interest of the loan, and the non-party bank notified the Plaintiff of the occurrence of the credit guarantee accident as above on March 17, 2015. Accordingly, on April 16, 2015, the Plaintiff subrogated to the non-party bank for the principal and interest of the loan under the instant guarantee agreement and subrogated to the Plaintiff as of February 18, 2016 as of February 18, 2016.