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(영문) 서울중앙지방법원 2015.08.21 2013가단5107198

구상금 등

Text

1. Defendant A Co., Ltd. and B jointly and severally against the Plaintiff KRW 93,124,30 and KRW 91,159,200 among them, respectively. < Amended by Act No. 11845, May 27, 2013>

Reasons

1. Basic facts

A. On December 21, 2012, Defendant A Co., Ltd. and Defendant A Co., Ltd. (1), Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into a credit guarantee agreement with the Plaintiff to provide a guarantee to the said bank by December 20, 2013 within a guarantee period of KRW 90,000,000, in order to guarantee the payment of the principal and interest of loan within the scope of the guaranteed amount to guarantee the payment of the principal and interest of loan.

(2) According to the above credit guarantee agreement, the Defendant Company jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff, including ① the amount of the Plaintiff’s subrogated payment and the amount of damages calculated by multiplying the Plaintiff’s rate from the date of performance of the guaranteed obligation to the date of repayment (12% per annum from December 1, 2012 to the date of repayment); ② the amount of insurance premium paid by the Plaintiff on behalf of the Plaintiff; ③ the amount of penalty calculated by adding the rate of the applied guarantee fee from the following day of the expiration of the due date until the date of payment to the date of payment; ④ the amount of compensation calculated by adding the rate of the guarantee fee applied from the date of payment to the date of payment on behalf of the Plaintiff; ④ the expenses incurred

(3) On December 24, 2012, Defendant Company received a loan of KRW 100,000,000 from the Nonghyup Bank as security for the said guarantee.

(4) On February 18, 2013, following the registration of credit management information (including national taxes in arrears) due to the delinquency in the payment of principal and interest of loans, Defendant Company lost its interest due to the above loan obligation. When Defendant Company was unable to repay the loan to the above bank, the Plaintiff repaid the above bank KRW 91,159,200 due to the loan interest on May 27, 2013.

(5) In order to preserve the above claim, the Plaintiff’s legal procedure expenses, such as provisional seizure, shall be KRW 2,689,180, KRW 379,643, KRW 1,023,543, KRW 444,380, KRW 422,574, KRW 419.