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(영문) 부산지방법원 2015.06.04 2014가합53021

구상금

Text

1. The Plaintiff, Defendant Company A, andB jointly and severally agreed to KRW 61,370,454, and the Defendants jointly and severally agreed to KRW 57,890.

Reasons

1. Basic facts

A. Upon the request of Defendant A (hereinafter “Defendant A”), the Plaintiff entered into a credit guarantee agreement for the repayment of principal and interest of loan to be borne by Defendant A with two loans from the National Bank Co., Ltd. and Busan Bank, and provided credit guarantee listed in the attached Table (A). Accordingly, Defendant A received each loan from each of the above banks listed in the same table (b).

Meanwhile, Defendant B and C (hereinafter “Defendant C”) jointly and severally guaranteed the liability for reimbursement based on the above credit guarantee agreement.

B. On June 4, 2003, June 5, 2003, when each credit guarantee accident occurred due to Defendant A’s loss of the benefit of time due to Defendant A’s loss of the benefit of time, the Plaintiff subrogated for the Defendant A’s obligation as shown in attached table (c).

C. The Plaintiff and Defendant A entered into a credit guarantee agreement described in paragraph (a) and set the rate of delay damages at 14% per annum from October 6, 2003 to January 5, 2014, and 16% per annum from January 6, 2004.

Since then, the plaintiff filed a lawsuit against the defendants, non-party D, E, and F with Busan District Court 2004Gahap3508, and the same court on December 22, 2004 against the defendants: < Amended by Act No. 7990, Dec. 22, 2004>

(a) Defendant A, B, and D jointly and severally KRW 61,370,454 and the foregoing:

B. As to Defendant A, B, D, and C’s joint and several 6,830,975 won and 66,383,085 won among them, Defendant A, D, and C shall pay 14% per annum from October 6, 2003 to January 5, 2004, 16% per annum from January 6, 2004 to April 10, 2004, and 20% per annum from April 11, 2004 to the date of full payment.

"The judgment was pronounced, and the above judgment became final and conclusive on January 22, 2005. E. The plaintiff recovered 30,521,307 won from the Defendants out of the judgment amount after the above final and conclusive judgment. The damages for delay in the final and conclusive judgment following the final and conclusive judgment are as follows (6,383,085 won). However, the remaining amount in the judgment No. 1 shall be 66,383,085 won, which the plaintiff seeks within the scope of the final and conclusive judgment.