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(영문) 수원지방법원 2015.01.29 2014가합64021
구상금 등 청구의 소
Text

1. As to Defendant A and B’s joint and several liability for KRW 497,102,977 and KRW 496,728,111, as to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 26, 2012, the Plaintiff and the Defendant Company A (hereinafter “Defendant Company”) guaranteed the Plaintiff’s obligation to repay the Defendant Company’s loans to the Industrial Bank of Korea [the guarantee limit of KRW 495,00,000,000, and the guarantee term of June 26, 2013 (it shall be changed to June 26, 2014). However, upon the Plaintiff’s performance of the guaranteed obligation, the Defendant Company entered into a credit guarantee agreement with the Plaintiff to pay the Plaintiff all incidental obligations, including the amount of the Plaintiff’s performance of the guaranteed obligation, as well as the amount of damages determined by the Plaintiff’s calculation method, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, and unpaid guarantee fees (hereinafter “instant credit guarantee agreement”).

B. In addition, at the time of the instant credit guarantee agreement, Defendant B, the representative director of the Defendant Company, guaranteed all obligations owed by the Defendant Company to the Plaintiff according to the instant credit guarantee agreement.

C. Around that time, Defendant Company was granted loans of KRW 550,000,000 from the Industrial Bank of Korea on January 7, 2014, and lost the benefit of the said loans due to the closure of business on January 7, 2014, and the Plaintiff paid KRW 498,996,684 to the Industrial Bank of Korea on January 24, 2014 by subrogation of the Defendant Company.

Since then, the Plaintiff recovered KRW 2,268,573 out of the amount of subrogated payment, and the amount of KRW 1,694 was incurred as a final damages, and paid KRW 373,172 to preserve the claim for reimbursement.

E. Meanwhile, the rate of delay damages determined by the Plaintiff is 12% per annum from December 1, 2012 to the date.

F. On May 31, 2013, Defendant C determined and lent KRW 100,000,000 to Defendant B, who was known of Pyeongtaek, as of November 30, 2013, at the due date, 6% per annum.

G. After December 12, 2013, Defendant B and Defendant C, each of the real estate listed in the separate sheet owned by them (hereinafter “each of the instant real estate”) between Defendant C and the purchase price is KRW 100,000,000 down payment.

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