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(영문) 수원지방법원 2018.05.25 2017가단539062
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 80,708,678 and KRW 79,402,07 among them, from August 21, 2017 to November 2017.

Reasons

1. Facts of recognition;

A. On March 8, 2012, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A Co., Ltd. (former D Co., Ltd.; hereinafter “Defendant Co., Ltd.”) by setting the guarantee limit of KRW 76,50,00,00 and the guarantee period of KRW 76,50,00 on March 3, 2017, and Defendant B and C jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff under the instant credit guarantee agreement.

B. According to the credit guarantee contract of this case, in case where the plaintiff subrogated for the loan of the defendant company pursuant to the credit guarantee contract of this case, the defendant company agreed to pay to the plaintiff the amount of the performance of the guaranteed obligation, ② damages for delay calculated at the interest rate set by the plaintiff from the date of subrogation to the date of repayment, ③ expenses incurred in the performance of the guaranteed obligation, ④ expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation

C. The Defendant Company received a credit guarantee form from the Plaintiff and lost the benefit of time due to tax delinquency. The Plaintiff subrogated for KRW 79,402,077 in total to a national bank on August 21, 2017 according to the instant credit guarantee agreement.

In accordance with the credit guarantee agreement of this case, the Defendant Company additionally incurred a debt equivalent to KRW 890,750 of additional guarantee fee and the cost of credit preservation measures to the Defendant Company, which is equivalent to KRW 415,851.

E. Meanwhile, the rate of damages for delay determined by the Plaintiff for subrogation is 12% per annum from the date of subrogation to the date of payment.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally paid the Plaintiff the amount of KRW 80,708,678 (i.e., the additional guarantee fee of KRW 79,402,077,000,077,000,000,000,000) and the amount of KRW 415,851.

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