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(영문) 서울중앙지방법원 2016.07.06 2015가단5344984
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 22,240,331 won and the period from November 23, 201 to April 28, 2015.

Reasons

1. Facts of recognition;

A. On June 22, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter referred to as “A”) by setting the coverage amount of KRW 30,000,000, and the guarantee period of KRW 21, 2013 (hereinafter referred to as “the instant credit guarantee agreement”); Defendant B guaranteed the obligation under the instant credit guarantee agreement of Defendant A on the same day; Defendant A guaranteed the obligation under the instant credit guarantee agreement; thereafter, Defendant A provided a loan from Korea Bank (hereinafter referred to as “Korea Bank”).

B. At the time of the instant credit guarantee agreement, the Defendants agreed to pay the amount of performance of the guaranteed obligation when the Plaintiff performed the guaranteed obligation, and damages for delay at the interest rate as determined by the Plaintiff from the date of repayment of the guaranteed obligation.

C. On June 23, 2011, the Plaintiff subrogated 22,419,611 won under the credit guarantee agreement of this case to Han Bank on November 23, 2011, and collected KRW 179,280 thereafter and appropriated it to the principal for the principal of the performance of the guaranteed obligation, the amount of performance of the guaranteed obligation under the credit guarantee agreement of this case remains 22,240,31 won (=22,419,61-179,280), and on the other hand, the rate of delay damages for the amount of the performance of the guaranteed obligation determined by the Plaintiff’s subrogation is 15% per annum from November 23, 2011 to April 28, 2015, and 12% per annum from the following day to the end.

[Reasons for Recognition] The entry of Gap 1-6 and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendants shall jointly and severally promote the lawsuit between the Plaintiff and the remaining 22,240,331 won out of the discharge amount of the guaranteed liability under the credit guarantee agreement of this case and 15% per annum under the agreement from November 23, 201 to April 28, 2015, which is the date on which the guaranteed liability is discharged; 12% per annum from the next day to February 29, 2016, which is the date of the last delivery of the complaint of this case, and from the next day to the date of full payment.

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