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(영문) 서울동부지방법원 2017.03.22 2016가단137419

구상금

Text

1. The Defendants jointly and severally committed against the Plaintiff as to KRW 101,229,501 and KRW 101,108,961 among them, from August 11, 2016.

Reasons

Facts of recognition

On June 16, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) and entered into a credit guarantee agreement (hereinafter “the credit guarantee agreement of this case”) in order to guarantee the payment of the principal and interest of loan as a result of obtaining a loan from the National Bank of Korea Co., Ltd. (hereinafter “National Bank”), and issued a credit guarantee agreement to the National Bank on the same day.

According to the credit guarantee agreement on June 16, 2015, C 100,000,000 won as of June 16, 2015, when the Plaintiff performed the guaranteed obligation under the credit guarantee agreement, the principal obligor and the joint guarantor agreed to repay to the Plaintiff ① the amount of subrogation paid by the Plaintiff for the performance of the guaranteed obligation and damages for delay at the Plaintiff’s prescribed rate from the date of performance to the date of repayment, ② the expenses incurred in the performance of the guaranteed obligation, ② the expenses incurred in the exercise of the right acquired through the performance of the guaranteed obligation, the expenses incurred in the exercise of the guaranteed obligation, and damages for delay at the prescribed rate of the Plaintiff from the date of performance to the date of repayment, ③ unpaid guarantee fee, overdue guarantee fee

The rate of damages for delay determined by the Plaintiff is 10% per annum.

Defendant B jointly and severally guaranteed all obligations under the instant credit guarantee agreement against the Plaintiff of the Defendant Company.

After the Plaintiff’s subrogation, the Defendant Company received a loan from the National Bank, but did not repay the loan, and the Plaintiff repaid KRW 101,108,961 to the National Bank on August 11, 2016 under the Credit Guarantee Agreement.

On the other hand, 120,540 won was generated from the plaintiff's attempted additional guarantee fee against the defendant company.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 5, and the purport of the whole pleadings are determined as above. The defendants are jointly and severally claimed by the plaintiff.