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(영문) 서울중앙지방법원 2020.12.24 2019가단5240110

구상금

Text

Defendant A Co., Ltd. shall pay to the Plaintiff KRW 182,764,175 and KRW 179,469,823 among them, from May 30, 2019 to March 19, 2020.

Reasons

1. Facts of recognition;

A. On October 14, 2016, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) with the content that, in obtaining a loan from F Bank, the credit guarantee principal of the United States dollars 194,400, and the credit guarantee period from October 14, 2016 to October 13, 2017 (the guarantee period thereafter was extended from October 12, 2018) (hereinafter “the instant credit guarantee agreement”). Defendant A provided a credit guarantee certificate issued by the Plaintiff as security and received a loan from F Bank.

B. According to the credit guarantee agreement of this case, when the plaintiff performs the guaranteed obligation, the defendant A shall pay to the plaintiff all the incidental obligations, such as the amount paid to the plaintiff for the performance of the guaranteed obligation, and damages for delay, charges for attempted penalty, expenses incurred in the performance of the guaranteed obligation, and expenses incurred in the preservation, transfer, and exercise of the right, from the date of performance

C. Meanwhile, in the event that the Plaintiff performed the guaranteed obligation under the credit guarantee agreement of this case, E provided a joint and several surety for the indemnity obligation that Defendant A would have to bear against the Plaintiff.

around October 2018, Defendant A lost the benefit of time due to the loss of F Bank’s ability to pay for the loan due to the auction procedure of the real estate owned by it (in the event of a credit guarantee accident), and the Plaintiff subrogated the F Bank to pay for KRW 179,469,823 on May 30, 2019 upon the request to discharge the guaranteed obligation of F Bank.

Meanwhile, the Plaintiff paid KRW 1,695,871 as substitute payments such as legal procedure costs for preserving the claim for reimbursement in the course of the said subrogation, and collected KRW 49,589 among them and recovered KRW 1,646,282, and the remaining substitute payment remains at KRW 1,648,070 as attempted penalty.

E. Meanwhile, on July 13, 2018, Defendant A Co., Ltd. and Defendant D (hereinafter “Defendant D”) each entered in the separate sheet owned by them.