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(영문) 서울중앙지방법원 2019.05.22 2019가단5017174

구상금

Text

1. The Defendants jointly and severally committed against the Plaintiff as to KRW 89,659,832 and KRW 87,919,446 among them, from October 24, 2018.

Reasons

On April 27, 2017, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) on the coverage amount of KRW 90 million and KRW 100 million on April 26, 2018. Under the Plaintiff’s credit guarantee agreement, the Defendant Co., Ltd. was granted a loan of KRW 100 million from C Bank under the Plaintiff’s credit guarantee; the Defendant Co., Ltd, upon the Plaintiff’s performance of the guaranteed obligation under the said credit guarantee agreement, entered into an agreement with the Plaintiff to pay damages in accordance with the interest rate set by the Plaintiff as to the subrogated amount after the date of performance; the amount of subrogated payment is 10% per annum from February 1, 2016; the Defendant Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd”); the representative director of the Defendant Co., Ltd., obtained consent from the Plaintiff at the time of disposal of 1/2 or more shares in possession; and the Plaintiff is jointly and severally liable with Defendant Co. 194 of the Defendant Co.

Therefore, the Defendants jointly and severally liable to the Plaintiff for indemnity amounting to KRW 89,659,832 (i.e., KRW 87,919,446, KRW 911,140, the legal procedure cost of KRW 829,246), and among them, KRW 87,919,446, the date of subrogation, which was October 24, 2018.