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(영문) 서울중앙지방법원 2018.11.30 2018가합535264

구상금

Text

1. As to the Plaintiff, Defendant A and B jointly and severally with the Plaintiff KRW 479,788,806 and KRW 479,788,743, May 15, 2018.

Reasons

Basic Facts

On December 29, 2016, the Plaintiff entered into a credit guarantee agreement and a credit guarantee agreement (hereinafter “instant guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) and Defendant A with respect to loans received from the FF Bank G Finance Center (hereinafter “F Bank G Finance Center”), with the term of December 28, 2017 as the guaranteed principal amount of KRW 475 million, and the term of the guarantee (hereinafter “instant guarantee agreement”). Defendant B jointly and severally guaranteed the Defendant A’s obligation with respect to the said agreement.

On January 9, 2017, Defendant A received a loan of KRW 500 million from the said bank as a security for the said guarantee, and thereafter, Defendant A extended the term of guarantee of the instant guarantee agreement between the Plaintiff and the Plaintiff until June 28, 2018.

Article 5(1)1 of the instant Guarantee Agreement stipulates that Defendant A’s failure to perform the primary obligation shall be subject to the prior right to indemnity.

In addition, according to the instant guarantee agreement, when the Plaintiff performed the guaranteed obligation on behalf of the Defendant A, the Defendant A paid to the Plaintiff ① the amount paid by the Plaintiff for the performance of the guaranteed obligation and the amount of delay damages from the payment date to the date of full payment, ② the additional guarantee fee based on the rate calculated by adding the interest rate specified in the applicable guarantee fee rate from the day following the expiration date of the payment period to the day before the payment date of the guaranteed obligation, and ③ the legal procedure expenses paid by the Plaintiff for the performance or preservation of the right by the performance of the guaranteed obligation.

The rate of delay damages determined by the Plaintiff as to the instant guarantee agreement is 10% per annum.

On January 29, 2018, Defendant A, including Defendant A’s loss of benefit of time and the Plaintiff’s subrogation, lost the benefit of time for the loan due to delay in interest, and accordingly, the Plaintiff acquired the right of prior reimbursement against Defendant A in accordance with the instant guarantee agreement.

On May 15, 2018, the Plaintiff paid 480,019,283 won to F Bank.