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(영문) 서울중앙지방법원 2016.02.16 2015가단5078805
구상금
Text

1. As to KRW 2,750,962 and KRW 2,424,162 among the Plaintiff, Defendant A shall pay to the Plaintiff the year from June 17, 2014 to September 17, 2014.

Reasons

1. Determination as to the claim against Defendant A

(a)the indication of the claim: 2-a.

same as described in paragraphs (1) through (5) of this paragraph.

(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;

C. Since the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Enforcement Decree) that partially dismissed was wholly amended on September 25, 2015 to “the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings shall be 15/100 per annum.” Since it was enforced on October 1, 2015, the Plaintiff’s remaining claims against Defendant A in excess of the part ordering a payment of the amount under the main sentence of paragraph (1) of

2. Determination as to the claim against the defendant B

A. (1) On August 23, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A (hereinafter “the instant credit guarantee agreement”) with a view to guaranteeing the obligation to repay the principal and interest of a loan granted by the National Bank (hereinafter “National Bank”) that Defendant A (hereinafter “National Bank”), setting the guaranteed principal as KRW 4,250,00, and the guarantee period as from August 23, 2012 to August 21, 2015 (hereinafter “the instant credit guarantee agreement”).

(2) Defendant A submitted a letter of credit guarantee under the instant credit guarantee agreement and borrowed KRW 5,000,000 from the National Bank to an enterprise general loan subject on August 27, 2012, but caused a credit guarantee accident by suspending business closure on December 31, 2013.

(3) Upon receiving a claim from a national bank for the performance of a guaranteed obligation under the instant credit guarantee agreement, the Plaintiff subrogated for KRW 2,424,162 to the Han Bank on June 17, 2014 (= principal KRW 2,361,136 KRW 63,026).

(4) According to the instant credit guarantee agreement, in the event of the Plaintiff’s performance of the guaranteed obligation, Defendant A’s performance of the guaranteed obligation paid by the Plaintiff for the performance of the guaranteed obligation, and damages for delay and legal procedure therefrom (12% per annum after December 1, 2012) determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment of the guaranteed obligation.

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