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(영문) 서울중앙지방법원 2015.05.28 2014가단5307674
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 135,078,709 won and 130,524,369 won among them.

Reasons

1. The plaintiff is a special juristic person established under the Credit Guarantee Fund Act, which has caused the special juristic person to guarantee the debt of an enterprise which lacks security capability, thereby facilitating the financing of the enterprise, and establishing a sound credit order through the efficient management and operation of credit information, thereby contributing to the balanced development of the national economy, and defendant A Co., Ltd. (hereinafter referred to as the "Defendant Co., Ltd.") has entered into a credit guarantee agreement with

2. The Plaintiff entered into a credit guarantee agreement with respect to the principal and interest of a loan that is extended from the non-party company bank upon the credit guarantee request of the Defendant company, which provides a credit guarantee agreement with the credit guarantee principal of 127,50,000 won and the period from July 5, 200 to July 4, 2003. The Defendant B provided a guarantee to the Plaintiff for all the obligations of the Defendant company currently or future.

3. The plaintiff has the right to claim against the defendants against the Seoul Central District Court amounting to KRW 131,538,439 based on the final and conclusive judgment of the claim for reimbursement amount of KRW 131,538,439 [=the amount of subrogated penalty of KRW 130,524,369, the amount of subrogated penalty of KRW 495,670, the amount of subrogated penalty of KRW 518,40].

4. Meanwhile, the Plaintiff additionally paid KRW 3,750,230 to the Defendants at the expense of preserving the claim, thereby causing substitute payments of KRW 4,268,630. However, the Plaintiff recovered KRW 209,960, which still remains a claim for substitute payments of KRW 4,058,670.

5. Therefore, Defendant A Co., Ltd. is the principal debtor, and Defendant B is jointly and severally and severally a joint guarantor, and Defendant B is obligated to pay to the Plaintiff the amount of KRW 135,078,709 [=amount of KRW 4,05,670 of the penalty for attempted payment of KRW 130,524,369 [amount of penalty for failed payment of KRW 130,524,670] and the amount of KRW 130,524,369 among them] and the amount of KRW 18% per annum from September 29, 2003 to December 15, 2004, and KRW 20% per annum from the next day to the full payment date. The Plaintiff is the claim for reimbursement against the said Defendants by the Seoul Central District Court 2004Da319093.

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