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(영문) 서울중앙지방법원 2016.11.29 2016가단5041800
구상금
Text

1. As to Defendant A and B’s joint and several liability for KRW 794,166,414 and KRW 559,097,796 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on December 3, 2015.

Reasons

1. Determination as to the claim against Defendant A and B

A. The said Defendants were served with a lawful date notice not adopted by the method of service by public notice, and did not appear on the date of pleading and did not submit a written reply.

Pursuant to Article 150(3) of the Civil Procedure Act, the said Defendants shall be deemed to have led to the confession of the following allegations by the Plaintiff:

(1) The Plaintiff entered into five credit guarantee agreements with Defendant A (hereinafter “Defendant A”) on the following obligations of the said Company:

① Obligations for the principal and interest of corporate driving funds to the National Bank from March 22, 2012; credit guarantee amount of KRW 99,00,000; and ② Obligations for Corporate Love Driving Funds to the Bank from April 12, 2013; ③ Obligations for the credit guarantee amount of KRW 198,00,000; ③ Obligations for the principal and interest of corporate driving funds to the Bank from April 12, 2013; and ③ Obligations for the principal and interest of corporate operating funds to the Bank from April 30, 2014; and for the credit guarantee amount of KRW 180,000,000; for the credit guarantee amount of KRW 180,00,000; for the credit guarantee amount of KRW 180,00,000; and for the credit guarantee amount of KRW 140,000,000; and for each credit guarantee agreement, Defendant B bears joint and several obligations against the Plaintiff.

Consolidatedly, from November 10, 2015, Defendant A lost the benefit of time due to each of the above loans. On December 3, 2015, the Plaintiff paid the principal and interest of 561,721,876 won to Korea Bank, and the principal and interest of 234,332,556 won to Korea Bank on January 13, 2016.

On December 3, 2015, the Plaintiff recovered KRW 2,624,050 on December 3, 2015 and appropriated the same (i) to the principal of the credit guarantee agreement as stated in the above (ii).

In addition, the interest rate for delay under the above credit guarantee agreement is 12% per annum determined by the plaintiff, and the interest rate for delay until the above partial recovery date is 862 won, 369,090 won by subrogation paid by the plaintiff as legal procedural costs, and 366,10 won by penalty under the credit guarantee agreement mentioned in paragraph (1).

B. The above Defendants are jointly and severally liable to pay the amount of indemnity to the Plaintiff KRW 794,166,414 [=59,097,796 won [=561,721,846-2,624,050 +234,32.

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