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(영문) 서울중앙지방법원 2016.08.24 2015가단5378680

구상금등

Text

1. The Plaintiff:

A. As to KRW 56,582,526 and KRW 56,331,616 among Defendant A, Defendant A, from March 6, 2013 to August 31, 2015.

Reasons

1. Facts of recognition;

A. Defendant C, D, E, etc., and Defendant F, a licensed real estate agent, are “G” workers of Defendant A, and as if a lease contract was concluded between the Plaintiff and the Industrial Bank of Korea, the Plaintiff and the Industrial Bank of Korea conspired to acquire money from the Industrial Bank of Korea under the Plaintiff’s credit guarantee by deceiving the Plaintiff and the Industrial Bank of Korea. As to Defendant A and B’s cooperation for the purpose of receiving some of the money, the lessor entered into a false lease contract, etc. with Defendant B, the lessee, Defendant A, and the Licensed Real Estate Agent, with respect to No. 108, 108, and 305, Nam-gu, Incheon.

B. On August 5, 201, Defendant A entered into a credit guarantee agreement with the Plaintiff as between August 5, 201 and August 5, 2011 (hereinafter “the instant credit guarantee agreement”) with the term of 54,000,000 won and the term of guarantee (hereinafter “the instant credit guarantee agreement”). On the same day, Defendant A borrowed KRW 60,000,000 from the Industrial Bank of Korea by obtaining a credit guarantee certificate from the Plaintiff.

C. When the Plaintiff performed the guaranteed obligation at the time of the credit guarantee agreement of this case, Defendant A agreed to pay the amount of performance of the guaranteed obligation, damages for delay in accordance with the interest rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment.

The credit guarantee accident occurred due to Defendant A’s failure to repay the loan obligations to the Industrial Bank of Korea. Accordingly, on March 6, 2013, the Plaintiff subrogated to the Industrial Bank of Korea for the principal of KRW 56,331,616 (=interest of KRW 54,00,000,000) (=interest of KRW 2,331,616). The rate of delay damages for the performance of the guaranteed obligation under the credit guarantee agreement of this case is 12% per annum until August 31, 2015, and 8% per annum from the following day until the date of the performance of the guaranteed obligation. Additional guarantee fee to be paid by Defendant A to the Plaintiff under the credit guarantee agreement of this case is 250,910 won.

E. Meanwhile, Defendant C, D, and.