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(영문) 부산지방법원 2016.04.21 2015가합40664
구상금 등 청구의 소
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 250,358,348 and KRW 244,807,852 among the Plaintiff and the Plaintiff’s KRW 244,807,852 from April 1, 2014 to May 2015.

Reasons

1. Basic facts

A. On March 19, 2009, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with E Co., Ltd. (hereinafter “E”) seeking a loan from Gyeongnam Bank Co., Ltd. (hereinafter “Seoul Bank”) as follows.

According to the instant credit guarantee agreement, when the Plaintiff subrogated for a guaranteed obligation, the Plaintiff was paid damages for delay pursuant to the interest rate determined by the Plaintiff from the date of repayment to the date of full payment, and the interest rate is 12% per annum after April 1, 2014.

Guarantee Number: The term of guarantee on March 19, 2009: The guaranteed amount on March 18, 2010 (the extension of due date by March 14, 2014): 285,000,000 won loan: A general loan for business operation.

B. The Plaintiff issued to Gyeongnam Bank a credit guarantee certificate under the instant credit guarantee agreement, and E was loaned KRW 300 million from Gyeongnam Bank on March 19, 2009.

(hereinafter “instant loan”). C.

On March 19, 2009, Defendant A, B, and C guaranteed the Plaintiff’s obligation under the instant credit guarantee agreement. D.

On April 1, 2014, the Plaintiff subrogated for KRW 244,807,852 of the instant loan obligations to the Bank of Gyeonggi-gu, Seoul, upon occurrence of a credit guarantee accident due to the business insolvency of E.

E. E bears penalty of KRW 181,080 as stipulated in the credit guarantee agreement of this case due to the failure to perform its obligation within the term of guarantee. The Plaintiff paid KRW 5,369,416 to the Plaintiff for legal procedure costs to preserve its claim for reimbursement regarding the credit guarantee agreement of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to claims against Defendant A, B, and C

A. According to the above facts, Defendant A, B, and C shall jointly and severally serve as the credit guarantee agreement of this case and the joint and several surety contract of this case, the sum of the subrogated payment, penalty, and legal procedure costs to the Plaintiff plus KRW 250,358,348 =24,807,852 won.

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