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(영문) 서울중앙지방법원 2017.08.08 2016가단5083552

구상금

Text

1. The Plaintiff:

A. Defendant A and B jointly and severally share KRW 32,962,462 and KRW 32,961,850 among them.

Reasons

1. Basic facts

A. A. A credit guarantee agreement and the Plaintiff’s subrogation 1) The Plaintiff set a credit guarantee agreement between Defendant A and the Plaintiff on May 23, 2013, setting the term of guarantee on May 30, 2018 and the guaranteed principal amount at KRW 50,000,000 (hereinafter “instant credit guarantee agreement”).

(2) Upon entering into a credit guarantee agreement in this case, Defendant A, at the time of the credit guarantee agreement in this case, jointly and severally guaranteed the obligation to be borne by Defendant A to the Plaintiff. (2) At the time of the credit guarantee agreement in this case, Defendant A agreed to pay the amount paid by the Plaintiff for the performance of the guaranteed obligation and damages for delay in accordance with the rate determined by the Plaintiff from the date of subrogation to the date of repayment for the performance of the guaranteed obligation, ② the expenses paid by the Plaintiff for the performance of the guaranteed obligation, ③ the expenses paid by the Plaintiff for the preservation, transfer, and exercise of the right acquired

3) On October 1, 2015, Defendant A caused a credit guarantee accident with its principal and interest, and the Plaintiff paid KRW 34,824,660 to the National Bank on January 20, 2016, in subrogation of the Defendant A pursuant to the credit guarantee agreement in this case. 4) Thereafter, the Plaintiff recovered KRW 1,862,810 from the Defendant A and appropriated it for the principal of the subrogated amount. The amount of damages for delay incurred as to the claim for reimbursement of the portion of the subrogated amount until the Plaintiff collected the partial subrogated amount. The amount of damages for delay determined by the Plaintiff is KRW 612, and the interest rate determined by the Plaintiff is 12% per annum from the date of the subrogation to the date of the closing of the argument in this case.

B. Defendant B, C, and D’s division and merger 1) Defendant B (former Mutual Company H), on February 19, 2014, following the division and merger registration on March 27, 2014. (2) Defendant C (former Mutual Company I) divided and merged the part of Defendant A’s electrical construction business on May 2, 2014.