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(영문) 서울중앙지방법원 2019.01.30 2018가단5200368
구상금
Text

1. The Plaintiff:

A. As to KRW 150,213,704 and KRW 150,213,697 among them, Defendant A shall have from August 31, 2018 to December 11, 2018.

Reasons

Attached Form

The facts stated in “the changed cause of claim”, and the facts that the rate of damages after February 1, 2016, as determined by the Plaintiff pursuant to the terms and conditions, was 10% per annum, and the Defendant A led to confession pursuant to Article 150 of the Civil Procedure Act among the Plaintiff and the Defendant A, and the Plaintiff, Defendant B, and C did not conflict between the parties, or may be acknowledged by comprehensively taking into account the overall purport of the pleadings in each of subparagraphs 1 through 9.

Therefore, Defendant A is obligated to pay damages for delay calculated by applying the rate of 10% per annum from August 31, 2018 to December 11, 2018, which is the last delivery date of the complaint in this case against the Defendants sought by the Plaintiff, as a joint and several surety of the credit guarantee agreement for the network D, with the principal and interest of 150,213,704 won, and the principal of 150,213,697 won from August 31, 2018, which is the date of subrogation. Defendant B and C are jointly and severally liable with Defendant A to pay damages for delay calculated by applying the rate of 15% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment. Defendant B and C, as co-inheritors of the principal debtor of each credit guarantee agreement for each loan agreement, within the scope of property inherited from the network D, to the annual rate of 75,106,81.281 won per annum from the date of subrogation.

Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition with the assent of all.

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