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(영문) 수원지방법원 2016.05.26 2016가단511647
구상금
Text

1. The Defendant is jointly and severally and severally with B to the Plaintiff KRW 98,602,020 as well as the period from December 7, 2015 to February 11, 2016.

Reasons

On March 15, 2013, the Plaintiff obtained a loan of KRW 120,00,00 from the Industrial Bank of Korea from the Industrial Bank of Korea. On March 14, 2014, the Plaintiff provided a credit guarantee (hereinafter “credit guarantee in this case”). The Plaintiff agreed to pay damages for delay and guarantee fees at the rate determined by the Plaintiff from the date of performance to the date of full payment. The Defendant jointly guaranteed the Defendant’s debt to the Plaintiff; the Plaintiff incurred a guarantee accident under the credit guarantee in this case, and the Plaintiff subrogated for the principal and interest to the Industrial Bank of Korea on December 7, 2015; the amount of damages for delay determined by the Plaintiff at the time of subrogation is 98,602,02,000,000; and there is no dispute between the parties concerned or all of the arguments.

Therefore, the Defendant is jointly and severally liable with B to pay to the Plaintiff the amount of KRW 98,602,020, and damages for delay calculated by applying the agreed damages rate of 12% per annum and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the date of full payment, clearly stating that the payment order in this case was served to the Defendant from December 7, 2015.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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