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(영문) 광주지방법원순천지원 2015.03.25 2014가단20794

구상금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 51,891,311 and KRW 51,283,972, among them, shall be fully paid to the Plaintiff from November 18, 2014.

Reasons

Description of Claim

(1) On July 5, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the guarantee principal up to July 4, 2014. In the event that the Plaintiff performs the guaranteed obligation, the Defendant Co., Ltd. agreed to pay the amount, expenses incurred in preserving the rights acquired by the Plaintiff, and other damages for delay at the rate determined by the Plaintiff. Defendant B guaranteed the said Defendant Co., Ltd.’s debt.

(2) Upon the occurrence of a credit guarantee accident where the Defendant Company did not pay the principal and interest, the Plaintiff paid the principal and interest of the Defendant Company by subrogation. As such, the Defendants jointly and severally pay to the Plaintiff the total amount of subrogated payment, damages, additional guarantee fees, and damages for delay as to the amount of subrogated payment in 51,283,792.

Applicable Acts: Article 208 (3) 3 of the Civil Procedure Act (Service by Public Notice)