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(영문) 서울중앙지방법원 2020.10.27 2019가단5120483

구상금 등 청구의 소

Text

1. Defendant A’s 62,580,120 won and 62,348,300 won among the Plaintiff’s 62,348,300 won per annum from May 20, 2019 to June 7, 2019.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into a credit guarantee agreement and a loan agreement with Defendant A who has engaged in the manufacturing business, etc. under the trade name of “C” (hereinafter “instant credit guarantee agreement”).

Defendant A entered into a credit guarantee agreement of this case and provided as security a credit guarantee certificate issued under the credit guarantee agreement of this case and D Co., Ltd. (hereinafter “D”).

(2) The loan of this case (hereinafter referred to as “the loan of this case”) shall be

(2) On December 28, 2011, the credit guarantee agreement of this case was received. The content of the loan agreement of this case was extended on December 31, 2010, the penalty, the amount for delay calculated at the interest rate of the Plaintiff as determined by the Plaintiff from the date of the performance of the guaranteed obligation, and the expenses incurred in the preservation, transfer and exercise of the right, etc., of the general loan loan extended on December 28, 2011 (up to December 20, 2019).

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) caused a credit guarantee accident in the registration of bad credit information due to national tax delinquency on January 11, 2019. On April 3, 2019, Defendant A paid a total of KRW 62,348,300 (the principal amount guaranteed 61,965,000, interest of KRW 383,300) to D pursuant to the credit guarantee agreement of this case on May 20, 2019.

3) The Plaintiff spent KRW 231,820 to secure the claim for reimbursement against Defendant A. 4) The rate of delay damages determined by the Plaintiff is 8% per annum.

(C) The Plaintiff’s claim for indemnity against Defendant A due to the said subrogation (hereinafter “claim for indemnity of this case”).

Defendant A’s real estate disposal on January 29, 2019, each of the real estate listed in the separate sheet (hereinafter “each of the real estate of this case”) as the only real estate owned by the Defendant A, is Defendant B or lower.