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(영문) 인천지방법원 2018.10.19 2018가단220924
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 235,665,294 and KRW 171,149,99,96 among the Defendants.

Reasons

1. Facts of recognition;

A. On March 7, 2014, the Plaintiff entered into a credit guarantee agreement with Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) with a loan for small and medium enterprises in the subject of the loan, the principal of the credit guarantee, the amount of KRW 170,00,000, and the term of guarantee as of March 5, 2015 (hereinafter “the instant credit guarantee agreement”).

The Defendants jointly and severally guaranteed the obligations of indemnity against the Plaintiff of the non-party company.

B. According to the instant credit guarantee agreement, in the event that the Plaintiff performed a guaranteed obligation, the non-party company paid the Plaintiff’s liability such as the amount of subrogation, damages, guarantee fees, and legal procedure expenses.

C. On March 7, 2014, Nonparty Company borrowed KRW 170,000,000 from the Industrial Bank of Korea as security a credit guarantee form under the instant credit guarantee agreement.

1) As the non-party company lost the benefit of the above loan, the Plaintiff subrogated for the amount of KRW 171,149,99,96 in total to the Industrial Bank of Korea on February 25, 2015 (the principal of KRW 170,00,000,00). In addition, the remainder of the expenses incurred in preserving the claim for reimbursement of this case is KRW 650,560,00; 2) from February 25, 2015 to April 4, 2018, the date of the Plaintiff’s subrogation, which is KRW 63,864,738, which is the 63,864,738, which is the date of the Plaintiff’s subrogation, and the rate of delay damages after April 4, 2018, which applies under the Credit Guarantee Agreement, is 12% per annum.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 8 (including the number of each class) and the purport of whole pleadings

2. According to the facts found in the judgment as to the cause of the claim, the Defendants, as joint and several sureties, shall claim reimbursement of KRW 235,665,294 (provisional payment of KRW 171,149,996 for delay damages of KRW 63,864,738 for delay damages of KRW 650), and as to KRW 171,149,996 for the principal of indemnity from April 5, 2018 until April 30, 2018, which is the date of final delivery of the copy of the complaint of this case, 12% per annum from the following day to the date of full payment, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

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