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(영문) 청주지방법원제천지원 2015.04.23 2014가단5636

구상금

Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 20,40,996 as well as KRW 20,120,986 as well as KRW 20,986 as of August 12, 201 to June 30, 2013.

Reasons

① The Plaintiff entered into a credit guarantee agreement with Defendant A as of January 29, 2010 with the guaranteed principal of KRW 20,00,000, the term of guarantee until January 28, 2011; ② Defendant B has jointly and severally guaranteed the obligation to compensate for the Plaintiff under the credit guarantee agreement; ③ Meanwhile, according to the credit guarantee agreement, when the Plaintiff performs the guaranteed obligation under the credit guarantee agreement, the principal of the guaranteed obligation is the amount to be discharged to the Plaintiff; the interest rate determined by the Plaintiff from the date of performance to the date of repayment; and the amount of damages calculated by the calculation method (the rate of damages for the indemnity claim due to the Plaintiff’s repayment as determined by the Plaintiff is 17% per annum until June 30, 2013; 6% per annum from the date following the date of repayment; 60% per annum; 60% per annum; 60% per annum; 19,000,000 won per annum; 4.20,010 new Credit Guarantee Agreement; 20.

According to the above facts, the Defendants jointly and severally paid to the Plaintiff KRW 20,40,996 (20,120,986 + 119,740 + additional guarantee fee of KRW 160,270 + additional guarantee fee of KRW 160,270) and the amount of subrogated of KRW 20,120,986, which is the date of subrogation, 17% per annum, the rate of damages applied to the Plaintiff from August 12, 201 to June 30, 2013; from July 1, 2013 to January 9, 2015, the date of final delivery of the copy of the complaint of this case, the amount of damages applied to the Plaintiff from January 10, 2015, which is the date of service of the copy of the complaint of this case.