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(영문) 서울중앙지방법원 2017.06.28 2017나3016

구상금 등 청구의 소

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2.(a)

Attached Form B between the defendant and the co-defendant B.

Reasons

1. The following facts of recognition may be acknowledged either in dispute between the parties or in the entry in Gap evidence 1 to 13 (including each number), with a comprehensive consideration of the whole purport of the pleadings:

(1) On August 18, 2014, the Plaintiff entered into a credit guarantee agreement, etc. (hereinafter referred to as “A”) with co-defendant A Co-Defendant A (hereinafter referred to as “A”).

) The Bank of Korea, Inc. (hereinafter referred to as “Korea Bank”) and A

(2) On July 18, 2018, the term of the guarantee principal, 22,500,000 won, and the term of the guarantee was set by the agreement to provide a credit guarantee for the monetary obligation to be borne by the loan from the bank, and the credit guarantee certificate was issued to the bank on the same day. (2) B provided a joint and several surety for all claims against the plaintiff in accordance with the said credit guarantee agreement.

3) On August 18, 2014, our bank granted a loan of KRW 25,00,000 to A with the above credit guarantee statement as security. 4) On February 19, 2016, A lost the benefit of time for the loan obligations by causing a credit guarantee accident in arrears with interest on the above loan obligation.

5) On June 1, 2016, the Plaintiff, on behalf of the Republic of Korea on behalf of A, repaid to the Bank KRW 20,640,631, the sum of the principal and interest of the loan up to that time, and recovered KRW 36,740 on the same day and appropriated the amount for partial repayment of the subrogated payment. 6) Accordingly, the Plaintiff’s claim for indemnity against A against the Plaintiff is KRW 20,603,891 (==20,640,631 - KRW 36,740) and damages for delay for delay of KRW 36,740 recovered as above (=36,740 x 36,740 x annual 12%).

At the time of concluding a credit guarantee agreement, A shall pay damages for delay at the rate determined by the Plaintiff from the date of subrogation to the date of repayment when the Plaintiff performed the guaranteed obligation. The rate of damages for delay determined by the Plaintiff is 12% per annum from the date of subrogation to the date

B. B, including a real estate sales contract, etc. between the Defendant and B, on August 18, 2015, the Defendant is the Defendant B.