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(영문) 춘천지방법원강릉지원 2019.05.28 2018가단35222
구상금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. is from June 27, 2018 to KRW 258,716,199 and KRW 258,262,09 among them.

Reasons

The Plaintiff entered into a credit guarantee contract under which the Defendant Company A (hereinafter “Defendant Company”) guaranteed the Defendant Company A’s obligation within the limit of KRW 255 million on March 31, 2017; the Defendant Company borrowed KRW 300 million from the branch of the Industrial Bank of Korea on the same day following the Plaintiff’s credit guarantee; and the net F (Death on April 18, 2018; hereinafter “the deceased”) jointly and severally guaranteed the Defendant Company’s obligation (including the obligation of late 10% per annum) under a credit guarantee contract; the Plaintiff subrogated the Bank of Korea for the principal and interest amount of KRW 258,262,09 on June 27, 2018; the Plaintiff’s attempted penalty amounting to KRW 454,100; Defendant D’s share (Share 7), E-7 (Share 27), and C(Share 27)’s share in inheritance pursuant to Article 150 of the Civil Procedure Act.

Therefore, Defendant Company is obligated to pay to the Plaintiff 258,716,199 won (i.e., KRW 454,100) and 258,262,09 won among them, 258,262,09 won (i.e., the date of subrogation) under the agreement between June 27, 2018 and November 6, 2018, 10% per annum under the agreement until December 10, 2018, 15, 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day until the date of full payment (i.e., KRW 258,262,09) to the Plaintiff; (ii) Defendant D is jointly and severally liable to pay damages for delay calculated at the rate of KRW 110,878,371 x 379 x 197 x 279 x 1975 x 279 x 2979 x 1975 x 1975 x x 197375

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