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(영문) 광주지방법원해남지원 2020.07.07 2020가단201283

구상금

Text

1. The defendant is jointly and severally with C as to KRW 189,445,650 and KRW 48,482,01 among them. From March 4, 2020 to March 16, 2020.

Reasons

1. Basic facts

A. Around January 21, 1999, C took out a loan of KRW 50 million from the Full Military Branch of A organization, and entered into a credit guarantee agreement between the Plaintiff and the Plaintiff (hereinafter “credit guarantee agreement of this case”). In accordance with the agreement, C agreed to receive the amount of performance of the guaranteed obligation when the Plaintiff performed the guaranteed obligation, damages and expenses in accordance with the interest rate determined by the Plaintiff from the date of subrogation, and the Defendant jointly and severally guaranteed the liability of indemnity against the Plaintiff under the credit guarantee agreement of this case.

B. Upon C’s failure to repay the principal and interest of the above loan, the Plaintiff made a substitute payment of KRW 53,294,502 on May 31, 200, in total, KRW 50 million, interest KRW 3,294,520, to the Full-gun Branch of the instant credit guarantee agreement.

As of March 3, 2020, the amount of indemnity payable to the Plaintiff by the Defendant and C as of March 3, 2020 is KRW 140,963,639,650, including the subrogated balance of KRW 48,482,01, and damages, KRW 189,445,650, and the rate of damages determined by the Plaintiff is 8% per annum.

(hereinafter “instant indemnity liability”) or C. (hereinafter “instant indemnity claim”).

On January 29, 2008, the defendant filed a petition for bankruptcy and immunity with the Gwangju District Court 2008Hadan520, 2008 520.

On May 21, 2009, the above court declared bankrupt, and rendered a decision to grant immunity on May 31, 2010 (hereinafter referred to as “decision to grant immunity”), and on June 15, 2010, the decision to grant immunity became final and conclusive.

In the bankruptcy and immunity procedure, the list of creditors submitted by the defendant does not include the obligation of indemnity of this case.

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

2. Determination

A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant is jointly and severally liable with C to pay the sum of KRW 189,445,650 for the principal and interest of the claim and damages for delay of KRW 48,482,01 for the principal and interest of the claim.

(b).