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(영문) 서울중앙지방법원 2015.12.18 2015가단5006527

구상금 등

Text

1. The Defendant A and B Co., Ltd are jointly and severally liable to the Plaintiff for KRW 298,511,871 and KRW 298,113,582 among them. < Amended by Act No. 1289, Dec. 12, 2014>

Reasons

1. Basic facts

A. On September 11, 2013, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) between the Plaintiff and the Plaintiff on September 10, 2014, with a view to guaranteeing the payment of the loan obligations, which is the guaranteed amount of KRW 297,50,000,00 and the guarantee term of KRW 297,50,000, and the guarantee term of September 10, 2014. Defendant B jointly and severally guaranteed the Defendant A’s obligation to the Plaintiff based on the said credit guarantee agreement.

B. Defendant A was granted a loan from the Industrial Bank of Korea as security, but the occurrence of a credit guarantee accident (natural body) on October 28, 2014, and the Plaintiff subrogated the loan amounting to KRW 300,362,974 on December 12, 2014 in accordance with the instant credit guarantee agreement.

C. Meanwhile, according to the credit guarantee agreement in this case, when the Plaintiff fulfilled the guaranteed obligation, the principal and the joint guarantor reimburses the amount of performance of the guaranteed obligation, damages for delay in accordance with the interest rate determined by the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation, and the expenses incurred in compensating for, transferring, and exercising the rights acquired from the repayment of the guaranteed obligation, and the Plaintiff acquires a prior right to indemnity if any ground exists pursuant to the Credit Information Management Rules of the Korea Federation of Banks Act, and the rate of delay damages determined by the Plaintiff is 15% per annum from June 1, 2005 to November 30, 2012 and from December 1, 2012 to

The Plaintiff was reimbursed KRW 2,249,392 on December 12, 2014, and the amount of final damages is KRW 739,00,000, and the amount of the legal procedure expenses incurred by the Plaintiff in exercising its claim for reimbursement is KRW 397,550.

Around June 201, Defendant New Bank Co., Ltd. (hereinafter “Defendant New Bank”) loaned KRW 700 million to Defendant A. At the time, C, a representative director, jointly and severally guaranteed the above loan obligation, and the representative director changed to Defendant B on January 15, 2014.