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(영문) 서울중앙지방법원 2020.01.17 2018가단5123935
구상금
Text

1. The Defendants jointly committed against the Plaintiff KRW 1,390,670,532 and KRW 1,383,243,930 among them. From May 31, 2018 to May 31, 2019.

Reasons

1. Determination as to the claim against Defendant A

(a)as shown in the reasons for the attachment of the claim;

(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private capital);

C. Since the provisions on statutory interest rate (Enforcement Decree) under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings on Partial Dismissals (hereinafter “Act”) were promulgated on May 21, 2019 and enforced from June 1, 2019, the statutory interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was 12% per annum from June 1, 2019, the damages for delay calculated at the rate of 12% per annum from June 1, 2019 are recognized, and the Plaintiff’s claim for the exceeding portion is dismissed.

2. Determination as to the claim against the attorney-at-law of the administrator of inherited property B, which is the lawsuit taken over by Defendant B

A. 1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant A”) on June 4, 2015.

(A) Defendant A entered into a credit guarantee agreement of KRW 630,000,000 of the guaranteed principal with respect to the obligation to obtain a loan from the Korea Bank E-Financial Center, and issued a credit guarantee agreement to Defendant A. The network B (hereinafter referred to as “the network”).

(2) On June 1, 2016, the Plaintiff concluded a credit guarantee agreement of KRW 243,00,000 with respect to the guaranteed principal for the obligation to be loaned from Defendant A and Defendant A’s E-Financial Center, and issued a credit guarantee certificate to Defendant A.

The Deceased jointly and severally guaranteed Defendant A’s obligation to the Plaintiff.

3) On October 31, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A and Defendant A on the guaranteed principal amount of KRW 684,00,000,000 with respect to the obligation to be loaned from the E-Financial Center of the Bank, and issued a credit guarantee agreement to Defendant A. The Deceased jointly and severally guaranteed Defendant A’s obligation to the Plaintiff. 4) Defendant A received a loan from the E-Financial Center of the Bank as security, and the Bank delayed repayment of the loaned principal.

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