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(영문) 서울중앙지방법원 2014.07.18 2013가단5041564
구상금 등 청구의 소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 82,543,200 and KRW 81,457,970 among them.

Reasons

1. Judgment on the claim for indemnity (the part against Defendant A and B)

A. (1) On February 12, 2009, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A Co., Ltd. (formerly: D Co., Ltd.; hereinafter “Defendant Company”) on the basis of KRW 80,00,000 in the principal of the credit guarantee, and February 11, 2010 in which the credit guarantee term was extended (up to February 8, 2013) (hereinafter “instant credit guarantee agreement”).

Under the credit guarantee agreement of this case, the Defendant Company was loaned KRW 80,000,000 from the Industrial Bank of Korea.

(2) According to the instant credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, the Defendant Company paid the amount of the guaranteed obligation to the Plaintiff, damages for delay in accordance with the rate determined by the Plaintiff (12%) on the amount of the guaranteed obligation performance, and expenses incurred in the enforcement, preservation, transfer, and exercise of the claim.

(3) Defendant B jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff pursuant to the instant credit guarantee agreement.

(4) When a credit guarantee accident occurred on October 9, 2012 due to the natural body of the Defendant Company, the Plaintiff subrogated for KRW 81,457,970 to the Industrial Bank of Korea on January 18, 2013.

(5) The legal procedure costs incurred by the Plaintiff in order to secure the liability for reimbursement against the Defendants are KRW 1,185,880. Among them, KRW 100,650 out of them remains in KRW 1,085,230 of the recovery legal procedure costs.

[Grounds for recognition] Evidence Nos. 1 through 8, the purport of the whole pleadings

B. As a principal debtor, Defendant B is jointly and severally and severally liable to the Plaintiff as a joint and several surety (i.e., KRW 81,457,970 for legal procedure costs of subrogation and KRW 1,085,230 for the payment by subrogation) and then calculated at the rate of 12% per annum under the agreement from January 18, 2013, which is the date of payment by subrogation, to April 30, 2013, which is the date of service of the last copy of the complaint of this case, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of payment by full payment.

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