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(영문) 서울동부지방법원 2016.08.19 2016가단103706
구상금
Text

1. The Defendants are jointly and severally and severally liable for 40,719,872 won and 40,719,852 won among them. From May 14, 2013 to December 29, 2015.

Reasons

1. Facts without dispute;

A. On November 15, 2012, when Defendant A Co., Ltd. (hereinafter “Defendant A”) borrowed KRW 45,000,000 from a branch office of Han Bank to a corporate general fund, the Plaintiff entered into a credit guarantee agreement with the Defendant for the guarantee period from November 15, 2012 to November 14, 2013 within the limit of KRW 40,50,000 equivalent to 90% of the predetermined amount of the loan with respect to the principal and interest obligation. The Plaintiff issued a credit guarantee agreement to the Defendant Company, and the Defendant B jointly and severally guaranteed the said credit guarantee agreement.

B. The Plaintiff and the Defendant Company paid the expenses incurred in relation to the guarantee fees, delayed guarantee fees, penalty and other rights preservation and exercise of the fixed interest rate (15% per annum from June 1, 2005 to November 30, 2012, and 12% per annum from the next day of the filing date of the instant lawsuit) determined by the Plaintiff from the date of performance of the subrogated payment and the performance date when the Plaintiff subrogated for the Plaintiff due to a credit guarantee accident.

C. The Defendant Company took out a loan of KRW 45,00,000 from the said bank as security on November 17, 2012, but the credit guarantee accident occurred due to bad treatment on March 15, 2013.

Accordingly, on May 14, 2013, the above bank filed a claim for the performance of the guaranteed obligation with the Plaintiff, and on behalf of the said bank, the Plaintiff subrogated for KRW 40,781,092 (interest of KRW 40,500,000,000) (interest of KRW 281,092), and collected KRW 61,240,000, and collected KRW 40,719,852 in the remainder of the subrogated amount, and the amount of finalized damages of KRW 20 from the date of subrogation to the date of recovery was collected

2. According to the facts of recognition as above, the parties to a credit guarantee contract and the Defendants, joint and several sureties, are jointly and severally liable to the Plaintiff for 40,719,872 won (the determined amount of subrogated payment) and the remainder of subrogated payment of 40,719,852 won, which is the date of subrogation, from May 14, 2013 to December 29, 2015, respectively, 12% per annum, according to the agreement, from May 14, 2013 to December 29, 2015.

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