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(영문) 서울중앙지방법원 2020.10.27 2019가단5272346
구상금
Text

Defendants are jointly and severally liable to the Plaintiff for KRW 134,469,624 and KRW 133,570,49 from September 30, 2019 to December 2019.

Reasons

1. Facts of recognition;

A. On June 23, 2016, the Plaintiff entered into a credit guarantee agreement with D (hereinafter “D”) on loans to Co., Ltd. C (hereinafter “Nonindicted Company”).

The guaranteed principal is KRW 137,700,000 (85%) and the term of guarantee is June 22, 2017.

Since then, the content of the agreement was changed on June 21, 2019, the guarantee principal of KRW 130,815,000, and the guarantee term of KRW 21,000.

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

On June 23, 2016, Defendant B guaranteed the debt owed to the Plaintiff by Nonparty B according to the instant credit guarantee agreement.

C. Around that time, Nonparty Company took out a loan of KRW 162,00,000 from D with a credit guarantee agreement based on the instant credit guarantee agreement.

On August 14, 2018, Defendant A merged the non-party A with the non-party A and comprehensively succeeded to the claims and obligations of the non-party A.

(hereinafter referred to as “Defendant Company”). (e) All of the above companies

The Defendant Company lost the benefit of time due to the delinquency in the repayment of the loans to D, and the Plaintiff repaid the principal amount of KRW 133,570,49 on September 30, 2019 on behalf of the Defendant Company, in accordance with the credit guarantee agreement of this case (i.e., principal amount of KRW 130,815,000, KRW 2,755,499).

F. According to the instant credit guarantee agreement, if the Plaintiff performed the guaranteed obligation, the Defendant Company is obligated to pay by subrogation (in addition to the amount of subrogated payment, expenses incurred in the preservation, transfer, and exercise of the right acquired by the Plaintiff as a result of the performance of the guaranteed obligation), and damages for delay by 8% per annum from the date of repayment shall be added

The plaintiff's status E.

The payment by subrogation arising in relation to the payment by subrogation is 289,855 won, and the penalty is 609,270 won.

【Defendant Company based on Recognition: The purport of all pleadings and arguments as to whether confessions are made (Article 208(3)2, Article 150(3) and (1) of the Civil Procedure Act): Defendant B: The absence of dispute; entries in Party B’s evidence Nos. 1 through 5 (including the number of branch numbers);

2. Determination:

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