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(영문) 서울중앙지방법원 2016.07.21 2016가단5013157

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 118,867,760 as well as KRW 118,827,150 as to the Plaintiff’s KRW 118,827,150, from February 26, 2015 to August 26, 2015.

Reasons

1. Facts of recognition;

A. (1) On December 31, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A and Defendant A to obtain a loan of KRW 114,980,000 for housing funds from the Bank Co., Ltd. (hereinafter “Korea Bank”), as follows. Defendant B Housing Reconstruction Project Association (hereinafter “Defendant Association”) under the said credit guarantee agreement on the same day, jointly and severally guaranteed the Defendant A’s indemnity liability in the said credit guarantee agreement.

(1) Loan institution: 114,980,00 won in the guaranteed principal. < Amended by Presidential Decree No. 18504, Jul. 2, 2004; Presidential Decree No. 23590, Nov. 30, 2012; Presidential Decree No. 2420, Aug. 31, 2015>

(b).

(1) The Defendant A lost the benefit of time under a loan agreement with the Bank due to the default of principal, etc., and on February 26, 2015, the Plaintiff subrogated to the Bank for KRW 118,848,450, including the principal amount of guarantee and interest amount of KRW 114,980,00, and KRW 3,868,450.

(2) On the other hand, the principal of the remaining subrogation is KRW 118,827,150, the guarantee fee for attempted payment is KRW 39,840, and the amount of finalized damages is KRW 770.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-1 through 5, Gap evidence 3, 4, and 5, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendants shall jointly and severally serve as the Plaintiff KRW 118,867,760 ( KRW 118,827,150, KRW 39,840, KRW 770) and as to KRW 118,827,150 of the remainder of the subrogated payment, 12% per annum from February 26, 2015 to August 31, 2015; and 12% per annum from the following day to August 31, 2015 to the Defendant A, who is the delivery date of each complaint of this case.