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(영문) 수원지방법원안산지원 2020.05.29 2019가단73126

구상금

Text

Defendants are jointly and severally liable to the Plaintiff for KRW 183,216,858 and KRW 182,247,484 among the Defendants, from May 20, 2019 to September 21, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff’s credit guarantee agreement 1) The Plaintiff Company B (hereinafter “Defendant Company”).

(2) The Defendant Company entered into a credit guarantee agreement with D Bank and provided a credit guarantee to obtain a loan of KRW 180 million from D Bank on March 2016. (2) Defendant C jointly and severally guaranteed the Defendant Company’s obligation under the credit guarantee agreement with the Plaintiff.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) the Defendant Company incurred a credit guarantee accident. On May 20, 2019, the Plaintiff paid KRW 182,247,484, including the principal and interest of the loan, to the Defendant Company in accordance with the credit guarantee agreement with the Defendant Company. (2) When the Plaintiff entered into the said credit guarantee agreement, the Defendant Company paid the amount of damages at the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of full payment. The amount of damages determined by the Plaintiff is 8% per annum.

3) The Defendant Company agreed to pay expenses incurred by the Plaintiff in executing, preserving and exercising the claim and in legal procedures therefor and penalty for breach of contract. The Plaintiff’s expenses incurred to preserve the claim for reimbursement of the instant case are KRW 259,244, and the charges for attempted breach of contract are KRW 710,130. [Grounds for recognition] The Defendant Company did not dispute, Gap’s evidence Nos. 1 through 5 (including the serial number, and the purport of the entire pleadings).

2. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff 183,216,858 won (=182,247,484 won 259,244 won 710,130 won) and damages for delay calculated at the rate of 8% per annum from May 20, 2019, which is the date of subrogation, to September 21, 2019, the delivery date of the instant payment order, from September 21, 2019, to September 21, 2019, the agreed interest rate of 8% per annum from the next day to the date of full payment.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.