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(영문) 창원지방법원 2016.08.19 2015가단85322

구상금

Text

1. The Plaintiff:

A. As to KRW 20,763,732 and KRW 20,413,202 among them, Defendant A Co., Ltd., from October 17, 2014 to KRW 20,413,202.

Reasons

1. The Plaintiff was granted a loan of KRW 20,00,000 to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on November 29, 2012 to Nonparty Co., Ltd. (hereinafter “Defendant Co., Ltd.”) from a branch of Nonparty Co., Ltd.’s Bank (hereinafter “creditor Bank”), and the Plaintiff provided a credit guarantee for the performance of the obligation to the said creditor bank, and D and E jointly guaranteed the obligation owed by Defendant Co., Ltd. to the Plaintiff.

According to a credit guarantee agreement between the plaintiff and the defendant company, when the plaintiff fulfilled the guaranteed obligation, the defendant company is obligated to reimburse the amount of the guaranteed obligation performance and the amount of damage calculated at the rate determined by the plaintiff, and the expenses incurred in the preservation, transfer, and exercise of the right acquired through

Around April 4, 2014, when the credit guarantee period is extended, the Defendant Company caused a credit guarantee accident according to the registration of credit management information (national tax delinquency, etc.). Accordingly, on October 27, 2014, the Plaintiff subrogated to the creditor bank the balance of the loan and interest 20,413,202.

Expenses incurred by the Plaintiff in order to preserve the claim for reimbursement against the Defendant Company are 350,530 won, and the overdue interest rate applied by the Plaintiff is 12% per annum.

D On March 13, 2015, after death on March 13, 2015, the property was inherited by Defendant C, who is the birthee, and Defendant C was qualified as qualified for the inherited property of Defendant C.

(based on recognition), Gap's evidence 1 through 5, and Eul's evidence 3

2. According to the above facts of recognition, the Defendant Company is obligated to pay to the Plaintiff the amount of KRW 20,763,732 (i.e., KRW 20,413,202 Won 350,530) and, among them, delay damages after October 27, 2014, the subrogated principal amount of KRW 20,413,202, which is the date of subrogation, to the Plaintiff. Defendant C is jointly and severally liable with the Defendant Company within the scope of inherited property.