logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.11.19 2015가합539821
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 256,526,853 and KRW 256,526,74, among the Defendants, from April 30, 2015 to August 30, 2015.

Reasons

1. On July 11, 2014, Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into a credit guarantee agreement with the Plaintiff and borrowed KRW 300 million from the Industrial Bank of Korea under the Plaintiff’s credit guarantee.

Defendant B jointly and severally guaranteed the obligation of the Defendant Company based on the above credit guarantee agreement.

On January 14, 2015, the Defendant Company caused a guarantee accident for the loss of benefit by time, and the Plaintiff subrogated the principal and interest of the Defendant Company to the Industrial Bank of Korea on April 30, 2015.

Accordingly, the plaintiff claims against the main debtor and the Defendants as joint and several sureties under the credit guarantee agreement for the amount of compensation for the old prize and fixed damages and delayed payment for indemnity.

2. Article 208 (3) 1 of the Civil Procedure Act and the proviso to Article 101 of the Civil Procedure Act (Liability of the Defendants in full) of the applicable provisions of Acts;

3. Part of partial rejection damages in excess of the amount calculated by applying 15% per annum to the period after October 1, 2015 (referring to the provision on statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning Encouragement, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015))

arrow