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(영문) 서울중앙지방법원 2015.06.26 2014가단5126585
구상금 등
Text

1. Defendant A, Defendant B, and Defendant C jointly and severally with the Plaintiff KRW 43,352,552 and KRW 42,914,408 among them.

Reasons

1. Determination on the claim for indemnity

A. (1) On November 25, 2009, the Plaintiff entered into a credit guarantee agreement (a) with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with a credit guarantee term of KRW 42.5 million and November 25, 2010 (finally extended to November 22, 2013). The Defendant Co., Ltd obtained a written credit guarantee agreement under the said agreement and received loans from the Industrial Bank of Korea as collateral.

(B) Defendant B, Defendant C, and E jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff in accordance with the instant credit guarantee agreement.

(C) According to the instant credit guarantee agreement, when the Plaintiff performed the above guaranteed obligation, the Defendant Company and the joint guarantor shall pay to the Plaintiff the amount of performance of the guaranteed obligation, damages in accordance with the ratio set by the Plaintiff, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance

The rate of damages for delay determined by the Plaintiff is 12% per annum from December 1, 2012.

(2) Loss of the benefit of time, and the Plaintiff’s subrogated repayment Defendant Company lost the benefit of time due to delay in interest on the Bank of Korea on October 24, 2013.

On November 29, 2013, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 42,914,408 (= Principal KRW 42,500,000).

Of the legal procedures expenses paid by the Plaintiff for the preservation, etc. of the foregoing claim for reimbursement, the unpaid amount is KRW 424,804, and the additional guarantee fee from November 23, 2013 to November 28, 2013 under the Credit Guarantee Agreement is KRW 13,340.

[Ground of recognition] Claim against Defendant Company, B, and C: Claim against Defendant D under Article 208(3)2 (Voluntary Judgment) of the Civil Procedure Act: Evidence Nos. 1 through 9, the purport of the entire pleadings

B. The judgment of the defendant company is the credit guarantee agreement of this case.

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