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(영문) 서울중앙지방법원 2018.04.05 2017가단5041609
구상금등 청구의 소
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for the payment of KRW 92,275,581 as well as KRW 90,485,90 as to KRW 90,485,901, from December 15, 2016 to April 3, 2017.

Reasons

1. On November 9, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) by setting the principal of the guaranteed principal as of November 8, 2016, and the term of guarantee. Defendant B jointly and severally guaranteed the obligation to be borne by the Defendant Co., Ltd. under the said credit guarantee agreement.

On November 10, 2015, the Defendant Company received a loan of KRW 100 million from the Korea C&T Bank, and failed to repay it. On December 15, 2016, the Plaintiff subrogated for KRW 90,485,901 to the said Bank.

Meanwhile, according to the above credit guarantee agreement, penalty of KRW 177,530 has occurred, and the Plaintiff paid substitute payment of KRW 1,612,150.

Therefore, as the principal obligor, Defendant B is jointly and severally and severally liable to pay to the Plaintiff the amount of KRW 92,275,581, which is the sum of the principal of the subrogation and penalty, and substitute payment, and KRW 90,485,901, out of which the amount of the principal of the subrogation is the principal, 10% per annum, which is the agreed damages rate from December 15, 2016 to the date when the Defendants received a duplicate of the complaint, and 15% per annum from the next day to the date of full payment.

2. Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

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