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(영문) 서울남부지방법원 2017.08.09 2017가단217261

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for the amount of KRW 53,428,83 and KRW 48,400,420, among them, from August 21, 2003 to November 2003.

Reasons

1. Facts of recognition;

A. On August 4, 2001, the Plaintiff concluded a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “A”) on the credit guarantee obligations for loans to the Industrial Bank of Korea.

(hereinafter referred to as the “instant credit guarantee agreement”). Defendant B guaranteed the Plaintiff’s obligation under the said credit guarantee agreement to the Plaintiff.

B. Under the credit guarantee agreement of this case, the plaintiff subrogated 48,40,420 won to the Industrial Bank of Korea on August 21, 2003, and filed a lawsuit against the defendants such as the amount of indemnity, etc. at the Seoul Central District Court 2004Kadan163023, Sep. 12, 2006, "the defendants jointly and severally held to the plaintiff 49,253,970 won (= the amount of subrogation amount of KRW 48,400,420 additional guarantee fee of KRW 29,090) and its amount of KRW 48,40,420 among them, 14% per annum from August 21, 2003 to November 20, 2003, and 16% per annum from the next day to December 16, 2004, and 20% per annum from the next day to the date of full payment."

The above judgment was finalized on October 3, 2006.

C. The Defendants also decided to reimburse expenses incurred in the preservation, transfer, and exercise of the right to indemnity acquired through the performance of the guaranteed obligation when the Plaintiff fulfilled the guaranteed obligation under the credit guarantee agreement of this case. Of the total expenses of KRW 5,168,620, KRW 169,297 was recovered and the balance of the current expenses incurred in preserving the claim is KRW 4,99,323.

[Ground of recognition] Facts without dispute, entry of Gap1 to 5 evidence, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the Defendants jointly and severally agreed to the Plaintiff KRW 53,428,83 (i.e., KRW 48,400,420 additional guarantee fees of KRW 29,99,323) and KRW 48,400,420 among them, and KRW 14% per annum from August 21, 2003 to November 20, 2003; and KRW 16% per annum from the next day to November 12, 2004; KRW 20% per annum from the next day to September 30, 2015; and KRW 15% per annum from the next day to the date of full payment.