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(영문) 수원지방법원 2016.09.28 2016가단523688

구상금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 101,43,803 and KRW 100,973,533 among the Defendants, from December 23, 2015 to January 2016.

Reasons

1. Facts of recognition;

A. On September 2, 2014, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) by setting the guarantee principal as KRW 100 million, general loan of loans, and term of guarantee as of September 1, 2015 with regard to the performance of obligations to the said bank when the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”). Defendant B jointly and severally guaranteed the Defendant Co., Ltd’s obligation to the Plaintiff under the instant credit guarantee agreement.

B. According to the instant credit guarantee agreement, the principal obligor and the joint guarantor shall pay unpaid additional guarantee fees, overdue guarantee fees, etc., and, when the Plaintiff fulfilled the guaranteed obligation, they agreed to pay the amount of subrogated payment and the amount thereof at the rate and calculation method determined by the Plaintiff from the date of performance to the date of repayment, and the legal procedure expenses. The rate of delay damages determined by the Plaintiff is 12% per annum from December 1, 2012 to January 31, 2016 and 10% per annum from the next day to the date.

C. Around September 2, 2015, when the Defendant Company was operating with a loan from the said bank under the instant credit guarantee agreement, the Defendant Company was treated as principal and delayed payment. On September 9, 2015, the Plaintiff received notice of a guarantee accident from the said bank, and paid by subrogation KRW 100,973,53 on December 23, 2015 in accordance with the instant credit guarantee agreement.

Additional guarantee fees due to the failure of the defendant company to repay the principal and interest of the loan within the guarantee period are 460,270 won.

[Ground of recognition] Facts without dispute, Gap 1-7 each entry, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the determination as to the cause of the claim, the Defendants jointly and severally agreed to provide the Plaintiff with a total of KRW 101,43,803 in subrogation and additional guarantee fees ( = 100,973,533 won in total) and KRW 100,973,533 in subrogation, which is the date of subrogation, from December 23, 2015 to January 31, 2016.