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(영문) 서울동부지방법원 2019.07.10 2017가단137751
구상금
Text

1. The Plaintiff:

A. As to Defendant A, B, and C, jointly and severally KRW 30,228,879 and KRW 21,121,281 among them, b.

Reasons

1. Facts of recognition;

A. On December 29, 2004, the Plaintiff entered into a guarantee agreement between E, Defendant A (hereinafter “Defendant Company”), Defendant B, and C as a joint and several surety, with the guarantee period of KRW 36.3 million as of December 28, 2005, and the guarantee period of KRW 36.3 million as of December 28, 2005. The network H borrowed the said guarantee period of KRW 36.3 million from Company I (hereinafter “I”) as security, and the guarantee period was changed to December 28, 2006.

In the above guarantee agreement, if the Plaintiff failed to repay the principal obligation within the due date, and the Plaintiff claims for the performance of the guaranteed obligation from the Plaintiff, the deceased H and the above joint guarantor jointly and severally shall pay to the Plaintiff the amount of subrogation paid by the Plaintiff for the performance of the guaranteed obligation, the amount of damages for delay calculated by the Plaintiff’s rate for delay from the date of performance of the subrogated payment to the date of full payment, and ② the additional guarantee fee from the day following the date of payment of the guaranteed obligation to the day before the expiration date of the guaranteed obligation, and ③ the legal procedure expenses paid by the Plaintiff for the performance of the guaranteed obligation, etc.

B. The net H was unable to obtain the above loan, and the Plaintiff paid 36,98,153 won to I on July 27, 2006 upon the request for the performance of the guaranteed obligation by I, and the Plaintiff filed a lawsuit of claim for indemnity amount against the network H, E, Defendant Company, Defendant Company, Defendant B, and C with the Seoul Central District Court 2007da156590 on October 2, 2007 and filed a lawsuit of claim for indemnity amount with the above court on October 2, 2007, “the Defendant jointly and severally and severally provided to the Plaintiff with 32,593,614 won and 32,591,925 won from July 27, 2006 to October 26, 2006 and paid 14% per annum from October 27, 2006 to October 27, 2006 to October 107, 2007.”

C. The Plaintiff’s interest rate for delay is above.

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