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(영문) 부산지방법원 2018.11.27 2018가단306023

구상금

Text

1. Defendant A, B, and C jointly and severally filed against the Plaintiff KRW 72,876,199 and KRW 72,134,969 among them. < Amended by Act No. 1535, Feb. 22, 2018>

Reasons

1. Determination as to the claim against Defendant A, B, and D

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Defendant A: Confession (Article 208(3)2 and the main sentence of Article 150(3) of the Civil Procedure Act). Defendant B and D: Judgment without holding any pleadings (Articles 208(3)1 and 257 of the Civil Procedure Act);

2. Determination as to the claim against Defendant C

A. (1) The Plaintiff entered into a credit guarantee agreement (hereinafter “instant agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on May 4, 2018, setting the guarantee amount of KRW 95 million on May 8, 2012, and on May 4, 2018. According to the said credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, the Defendant Co., Ltd. agreed to pay the Plaintiff the amount of the guaranteed obligation and its delayed payment, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the transfer and exercise of the guaranteed obligation, expenses incurred in the exercise of the guaranteed obligation, unpaid guarantee fee, overdue guarantee fee, and additional guarantee fee, etc. The Defendant C and B jointly and severally guaranteed the Defendant Co., Ltd’

(2) On May 8, 2012, the Defendant Company offered as security a guarantee issued pursuant to the instant agreement and borrowed KRW 100 million from the Busan Bank (hereinafter “SaB”).

(3) On October 24, 2017, Defendant Company was listed in the credit management subject and the credit guarantee accident occurred. Nonparty Bank notified the Plaintiff of the credit guarantee accident on November 6, 2017, and the Defendant Company failed to pay the principal and interest of the loan despite the occurrence of the credit guarantee accident, Nonparty Bank requested the Plaintiff to discharge the guaranteed obligation. On August 22, 2018, the Plaintiff subrogated the Nonparty Bank to pay the principal amount of KRW 70,965,00, interest amount of KRW 1,169,969, KRW 72,134,969 in total.

(4) The Plaintiff’s expenses incurred in order to preserve the Defendant Company’s prior reimbursement claim are KRW 947,310 in total, and the expenses not recovered are KRW 741,230 in total.