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(영문) 서울중앙지방법원 2016.05.17 2014가단5194670
구상금
Text

1. The Defendants are jointly and severally liable for KRW 100,952,172 and KRW 100,498,50 among the Defendants, respectively.

Reasons

1. Basic facts

A. On June 29, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) on the principal and interest of loans to Han Bank Co., Ltd. (hereinafter “Sa Bank”), whereby the guaranteed amount is KRW 100 million and the term of guarantee was extended until June 28, 2010 (the extension by June 27, 2014 thereafter).

(hereinafter “instant credit guarantee agreement”). (b)

In the event that the Plaintiff fulfilled the credit guarantee obligation under the above agreement, the Defendant Company paid to the Plaintiff the amount of the above performance, delay damages in accordance with the rate set by the Plaintiff, penalty in accordance with the rate set by the Plaintiff from the day following the expiration date of the guarantee to the day before the date of subrogation, or the execution or preservation of the above claim. The rate of damages determined by the Plaintiff is 12% per annum from December 201

C. Meanwhile, between Defendant B and the Plaintiff on the same day, Defendant B entered into a joint and several surety agreement with respect to the indemnity obligation that the Defendant Company owes to the Plaintiff according to the instant credit guarantee agreement.

On June 30, 2014, when a credit guarantee accident occurred against the defendant company, the plaintiff subrogated to the non-party bank 100,498,500 won in total of the principal and interest of the loan.

E. As to the non-performance of the principal obligation by the Defendant Company, penalty of 8,780 won is determined by the Plaintiff’s rate from the day following the expiration date of the guarantee to the day preceding the date of payment by subrogation. The expenses for the preservation of claims incurred by the Plaintiff in relation to the credit guarantee agreement of this case are 4

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including virtual number), and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts found above, the defendant company is the principal debtor of the liability for indemnity under the credit guarantee agreement of this case, and the defendant B is the joint and several surety, and the plaintiff is jointly and severally, and the amount of subrogated payment of KRW 100,952,172 = the subrogated payment.

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