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(영문) 창원지방법원진주지원 2015.11.06 2015가단31571

구상금

Text

1. Defendant A Co., Ltd. and B jointly and severally against the Plaintiff KRW 450,501,543 out of KRW 452,813,638 and the said money. < Amended by Act No. 12893, Dec. 2, 2014>

Reasons

1. Basic facts

A. (1) On May 9, 2014, the Plaintiff is a Defendant A Co., Ltd. (hereinafter “Defendant Company”) company (hereinafter “Defendant Company”) to conclude a credit guarantee agreement and implement loans.

As between the credit guarantee principal and the credit guarantee agreement was concluded on May 8, 2015 (hereinafter referred to as the credit guarantee agreement in this case) setting the credit guarantee principal as the credit guarantee principal, KRW 450,00,000, and the credit guarantee term.

(2) On May 14, 2014, Defendant Company borrowed KRW 500,000,000 from Gyeongnam Bank Co., Ltd. on its basis. (2) Defendant B jointly and severally guaranteed all the obligations owed by Defendant Company to the Plaintiff with respect to the instant credit guarantee agreement.

3) According to the instant credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, the principal and the joint guarantor (hereinafter “determined damages”) shall be the damages calculated by the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment of the guaranteed obligation to the Plaintiff.

(3) Expenses incurred in performing the guaranteed obligation, and expenses incurred in preserving, transferring and exercising the right acquired through the discharge of the guaranteed obligation (hereinafter referred to as the “payment by subrogation”).

(B) On November 28, 2014, the Defendant Company lost the benefit of time due to the occurrence of a credit guarantee accident, resulting in the loss of time due to the occurrence of the credit guarantee accident, and on December 12, 2014, the Plaintiff performed the obligation to provide a guarantee under the instant credit guarantee agreement by subrogation for the bank, 452,313,863 won on December 12, 2014.

2) The rate of damages for delay determined by the Plaintiff was 12% per annum from December 12, 2014, the date of subrogation, to the present date, and the Plaintiff paid KRW 2,311,500 by subrogation to preserve the claim for reimbursement. 3) On December 12, 2014, the Plaintiff received KRW 1,812,320 as part of the amount subrogated to the Gyeongnam Bank in accordance with the instant credit guarantee agreement, and the amount of damages for confirmation on the said partial amount of reimbursement is added to the following.