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(영문) 인천지방법원 2019.05.29 2018가단266920
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 44,025,832 and KRW 43,117,115 among the Defendants.

Reasons

1. Facts of recognition;

A. On August 13, 2013, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a credit guarantee agreement with the Plaintiff by stipulating that the amount guaranteed shall be 42,50,000,000 won for a small and medium enterprise loan 50,00,000 won that the Defendant Company would have obtained from the Industrial Bank of Korea, and the term of guarantee shall be August 3, 2018; however, when the Plaintiff fulfilled the guaranteed obligation, the amount of the guaranteed obligation and the rate and the amount calculated according to the calculation method as determined by the Plaintiff from the date of performance to the date of repayment, as well as the expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the guaranteed obligation, unpaid guarantee fee, additional guarantee fee, insurance premium paid by the Plaintiff on behalf of the Plaintiff, indemnity fee paid by the Plaintiff, exercise of the claim for reimbursement (including termination), and the expenses incurred in legal procedure for this. Defendant B

(hereinafter “instant credit guarantee agreement”). (b)

The Defendant Company, under the instant credit guarantee agreement, was granted a loan of KRW 50,00,00 from the Industrial Bank of Korea on July 20, 2018, lost the benefit of time due to a credit guarantee accident in arrears with interest on July 20, 2018. On November 16, 2018, the Plaintiff subrogated to the Industrial Bank of Korea for the Defendant Company’s loan obligations against the Industrial Bank of Korea in 43,117,115.

C. As of November 28, 2018, the Defendants, as of November 28, 2018, bear the Plaintiff’s liability for indemnity amounting to KRW 44,025,832 in total, including the amount of subrogated payment, KRW 43,117,15, provisional payment, KRW 574,280, additional fees, KRW 180,870, and delay damages, KRW 153,567, and the agreed rate under the credit guarantee agreement of this case is 10% per annum.

[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the determination and conclusion, the Defendants are jointly and severally liable to the Plaintiff on November 2018.

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