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(영문) 의정부지방법원고양지원 2016.03.29 2015가단91341
구상금
Text

1. The Defendants jointly and severally liable to the Plaintiff for KRW 44,674,869 and the Defendants Company A from September 2, 2015 to September 2, 2015.

Reasons

1. The term of guarantee for the principal of guarantee 14,3750,000 won from September 4, 2014 to September 4, 2015:

A. On September 4, 2014, Defendant A Co., Ltd. (hereinafter “A”) provided credit guarantee to obtain a loan from a financial institution (hereinafter “the instant credit guarantee agreement”), and Defendant A agreed to pay the Plaintiff’s amount of subrogation and the amount of delay compensation applied by the Plaintiff from the date of full payment to the date of full payment of the Plaintiff’s liability for guarantee, and the legal procedure for compensating for the Plaintiff’s claim for reimbursement.

B. At the time of concluding the instant credit guarantee agreement, Defendant B jointly and severally guaranteed all obligations owed by Defendant A to the Plaintiff pursuant to the instant credit guarantee agreement.

C. On September 4, 2014, Defendant A submitted a credit guarantee certificate issued under the instant credit guarantee agreement, and was loaned KRW 4,3750,000 from our bank (hereinafter “Korea bank”).

Defendant A lost the benefit of time due to delayed repayment of principal, and on September 2, 2015, the Plaintiff subrogated the principal and interest of 44,677,49 won to our bank.

Afterward, the plaintiff collected KRW 2,630 and paid the subrogation amount is KRW 44,674,869 ( KRW 44,677,499 - KRW 2,630).

E. The rate of damages for delay applied by the Plaintiff is 12% per annum.

[Reasons for Recognition] Facts without dispute, purport of whole pleading

2. According to the facts found in the determination as to the cause of the claim, the Defendants jointly and severally enter the amount of KRW 44,674,869 in subrogation and the amount of KRW 15% per annum from September 2, 2015 (the date of subrogation payment) to October 19 (the date of service of the original copy of the payment order) and Defendant B to October 20, 2015 (the date of service of the original copy of the payment order; Defendant B entered the written objection on October 30, 2015 that the original copy of the payment order was served on October 20, 2015) to the Plaintiff.

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