beta
(영문) 창원지방법원 2017.06.15 2017가단4167

구상금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 152,346,985 and KRW 60,583,47 among the Defendants, from February 17, 2017 to March 17, 2017.

Reasons

1. The aggregate interest calculated at the rate of 15% per annum, which is the agreed rate from April 6, 2007 to December 16, 2012, and interest calculated at the rate of 12% per annum from December 17, 2012 to February 16, 2017, the guarantee fee of 13,320,000 14,8636, 07, 09,342, 06, 70,342, 70, 705, 207, 305, 207, 140, 305, 206, 306, 70,342, 7029, 702, 702, 702,702, 300, 300,3030, 347, 375, 3814, 205, 3637

A. When the Plaintiff entered into a credit guarantee agreement with Defendant A with the content as listed below, the Plaintiff agreed to pay the amount subrogated to the Plaintiff and the amount of damages in accordance with the interest rate determined by the Plaintiff from the date of the subrogation to the date of full payment, in the event that the Plaintiff did not pay the amount borrowed from the financial institution based on the above credit guarantee agreement, and Defendant B jointly and severally guaranteed the Defendant A’s obligation under the above credit guarantee agreement. The main content of each credit guarantee agreement is as listed below.

(hereinafter “each credit guarantee agreement of this case”). (b)

Defendant A received a loan equivalent to the amount of each loan stated in the above table from Gohap A, Inc. based on each credit guarantee agreement of this case. As Defendant A failed to repay each of the above loans, the Plaintiff paid the amount by subrogation to the said Gohap A on April 6, 2007. On February 17, 2017, the current status of the claim for indemnity against the Defendants as of February 17, 2017 is as indicated in the above table, and the agreement determined by the Plaintiff at that time is 12% per annum.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. The assertion and judgment

A. On the basis of determining the cause of the claim.