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(영문) 서울중앙지방법원 2017.11.28 2017가단5051378

구상금

Text

Defendant A and B Co., Ltd. jointly and severally for the Plaintiff KRW 129,950,476 and KRW 129,447,466 among them. < Amended by Presidential Decree No. 27420, Feb. 8, 2017>

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement on December 10, 2015 only as Defendant A Co., Ltd. (hereinafter “Defendant A”).

(2) According to the instant credit guarantee agreement, the principal obligor and the joint guarantor shall pay to the Plaintiff the amount of the guaranteed obligation and the amount calculated by the rate determined by the Plaintiff’s calculation method, the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, the unpaid guarantee fee, overdue guarantee fee, additional guarantee fee, etc., to the Industrial Bank of Korea on the same day.

The rate of delay damages under the credit guarantee agreement of this case is 12% per annum from June 1, 2015 to June.

3) Defendant A jointly and severally guaranteed the obligation under the credit guarantee agreement with the Plaintiff. B. The Plaintiff’s subrogation made payment to the Industrial Bank of Korea on September 2016. Under the credit guarantee agreement in this case, Defendant A lost the benefit of time due to failure to pay the principal and interest of loan. Under the credit guarantee agreement in this case, the Plaintiff subrogated the Industrial Bank of Korea for KRW 129,447,46 of the principal and interest of loan, and there was KRW 503,010 of the additional guarantee fee. (c) Defendant A was established on December 1, 2008 as “Co. D”, and the head office was established as “Seoul Seodaemun-gu E1614,” and the Plaintiff’s substitute was engaged in the development of the processing machine, manufacturing and sale of industrial agricultural and fishery products, development of environment-friendly sewage processing system, manufacturing and sale of products, manufacturing and manufacturing products, food and sanitation equipment, cleaning equipment, cleaning and treatment business, entertainment equipment, entertainment equipment, food and sanitation equipment, etc.