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(영문) 춘천지방법원강릉지원 2020.07.22 2019가단32718

구상금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 86,975,651 and KRW 86,975,394 from March 7, 2019 to July 4, 2019.

Reasons

1. Indication of claim;

A. On August 14, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and provided credit guarantee for loans worth KRW 95 million to Defendant Co., Ltd. C Bank.

B. In a credit guarantee contract, where the Defendant Company was unable to repay the loan and the Plaintiff performed the guaranteed obligation, the Defendant Company decided to reimburse the amount of the guaranteed obligation and the interest rate determined by the Plaintiff from the date of repayment to the date of repayment, and damages for delay in accordance with the calculation method. The overdue interest rate determined by the Plaintiff is ten percent per annum from March 1, 2018 until

C. Meanwhile, the Defendant Company’s failure to repay the above loans on March 7, 2019, on the part of the Plaintiff paid 87,103,230 won of the above principal and interest of loans on March 7, 2019. Of them, KRW 104,60 won on March 7, 2019, and KRW 23,236 won on April 11, 2019, and KRW 127,836 won on April 11, 2019, and collected KRW 86,975,394 won, and the amount of final delay damages until the recovery of KRW 127,836 is 257 won as stated in the attached Form.

Defendant B jointly and severally guaranteed the Defendant Company’s obligations under the instant credit guarantee contract.

E. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 86,975,651 ( KRW 86,975,394, KRW 257), and the amount of KRW 86,975,394 among them, 10% per annum from March 7, 2019 to the final service date of the copy of the instant complaint, and 12% per annum from the following day to the date of full payment.

2. Judgment by publication of the basis (Article 208 (3) 3 of the Civil Procedure Act);