logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2011.11.03 2010가합503
구상금 등
Text

1. Defendant A, B, C, and D are jointly and severally liable to the Plaintiff for KRW 546,619,389 and KRW 545,271,649 among them.

Reasons

1. Basic facts

A. On July 27, 2004, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) with each credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) on July 14, 2005, with the credit guarantee amount of KRW 442 million, and the credit guarantee period of KRW 160 million on June 5, 2007, and the credit guarantee amount of KRW 160 million, and the credit guarantee period of KRW 40 million on June 4, 2008 (the extension of the period of June 4, 2010 thereafter). At the time of each of the above agreements, Defendant B, C, and D jointly and severally guaranteed obligations owed by Defendant A to the Plaintiff in accordance with each of the above agreements.

B. According to the instant credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, Defendant B, C, and D are required to pay the amount subrogated by the Plaintiff to the Plaintiff, damages according to the rate of delay damages determined by the Plaintiff after the date of performance of the said obligation, and expenses incurred in legal procedures for the execution of claims.

C. Defendant A received a credit guarantee agreement in accordance with the instant credit guarantee agreement, and submitted it to the Industrial Bank of Korea on July 27, 2004, and received loans of KRW 520 million on June 5, 2007, respectively.

On August 12, 2009, Defendant A caused a credit guarantee accident due to the party branch. Accordingly, on September 16, 2009, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 549,193,759 in total of the principal and interest of each of the above loans.

Afterward, the Plaintiff recovered KRW 3,919,090 on September 16, 2009 and KRW 3,020 on September 22, 2009, and the amount of subrogated payment was 545,271,649 won ( KRW 549,193,759-3,919,090-3,020).

Meanwhile, the legal procedure cost incurred by the Plaintiff for the preservation of the execution of indemnity claim is KRW 1,346,122. The damages for delay determined by the Plaintiff is 15% per annum after September 16, 2009, which is the date of payment by subrogation, and damages for delay from the date of payment by subrogation to the date of collection by subrogation is 1,618 won in total.

E. As to each real estate listed in the separate sheet No. 1, which is the sole property, Defendant E and Defendant B.

arrow