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(영문) 서울중앙지방법원 2015.01.28 2014가합584374
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 195,016,810 and KRW 193,85,620 among them, from March 27, 2014 to October 2014.

Reasons

1. Facts of recognition;

A. On January 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”), setting the credit guarantee limit of 190 million won, guarantee period from January 17, 2013 to January 16, 2014, under which Defendant A took out a credit guarantee agreement with the Industrial Bank of Korea as a clerk to obtain a loan from the Industrial Bank of Korea. The Plaintiff shall reimburse the Plaintiff for reasonable expenses incurred in exercising the Plaintiff’s exercise of the right to preserve the guaranteed obligation (Article 8(1)), and pay damages for delay calculated by multiplying the amount of the guaranteed obligation performed by the Plaintiff by the overdue interest rate set by the Plaintiff as to the number of days from the date following the due date set by the Plaintiff’s payment period until the date of repayment (Article 8(2)). On the same day, Defendant B provided the Plaintiff with the obligation to jointly and severally guaranteed the Plaintiff pursuant to the said credit guarantee agreement.

B. On January 22, 2013, the Plaintiff issued a credit guarantee certificate with the above content to Defendant A, and Defendant A used the said credit guarantee certificate and received loans by setting 200 million won from the Industrial Bank of Korea on August 12, 2013 due date on November 30, 2013.

C. Defendant A was unable to repay the above loan principal on November 30, 2013, and the Industrial Bank of Korea notified the Plaintiff of the occurrence of a guarantee accident on December 24, 2013, and the Plaintiff subrogated to the Industrial Bank of Korea of March 26, 2014, the Plaintiff paid KRW 193,85,620 on behalf of the Plaintiff, and KRW 1,161,190 on the aggregate of the expenses incurred in preserving the claim for reimbursement against the Defendants.

The rate of delay damages determined by the Plaintiff against small and medium enterprises such as Defendant A is 11% per annum.

[Reasons for Recognition] Class A, Evidence Nos. 1, 2, 3, Evidence Nos. 4-1, 2, and 5, and the purport of the whole pleadings

2. According to the facts of the above recognition, Defendant A and Defendant B, a principal debtor, jointly and severally, are jointly and severally liable to the Plaintiff, the creditor, plus the amount of subrogation and the amount of the preservation of claims = 195,016,810 won = 193,855,620 won.

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