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(영문) 서울중앙지방법원 2014.12.16 2013가단5138697
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 116,627,516 and KRW 63,967,695 among them, from May 4, 200 to 41,211.

Reasons

1. Facts of recognition;

A. On March 17, 1998, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) with a guarantee principal of KRW 100,00,000, and the guarantee period from March 17, 1998 to March 17, 2001. The Defendant Co., Ltd borrowed KRW 100,000,000 from the national bank as a credit guarantee letter following it. At the time, Defendant B and C jointly and severally guaranteed a repayment obligation under the credit guarantee agreement with the Defendant Company.

(hereinafter referred to as “the primary guarantee”). (b)

On September 10, 1998, the Plaintiff entered into a credit guarantee agreement with the Defendant Company with the guarantee principal of KRW 50,000,000, and the guarantee period of the Defendant Company from September 10, 1998 to September 10, 200. The Defendant Company borrowed KRW 50,000,000 from the National Bank with its credit guarantee form. Likewise, Defendant B and C jointly and severally guaranteed the repayment obligations under the credit guarantee agreement of the Defendant Company.

(hereinafter referred to as “second guarantee”). (c)

On February 1, 200, the Defendant Company paid the credit guarantee accident. On May 4, 200, the Plaintiff subrogated for KRW 51,090,00 (the first guarantee) and KRW 4,186,460 (the second guarantee) on behalf of the Plaintiff on May 4, 200, and collected KRW 3,186,878,803 (the second guarantee) around June 21, 2006, after paying KRW 4,193,920 for other expenses, such as measures for preserving claims, etc., and collected KRW 3,186,460 among them until January 3, 2012.

At present, the amount of outstanding principal of the first guarantee is KRW 63,967,695 (64,175,725-Collection KRW 208,030), the amount of finalized damages for the amount of the second guarantee is KRW 102, the amount of outstanding principal of the second guarantee is KRW 41,211,197 ( KRW 51,090,000- Collection KRW 9,878,803), the amount of finalized damages for the amount of the said collected amount is KRW 10,304,252, and the amount of other expenses is KRW 1,007,460 ( KRW 4,193,920-Collection KRW 3,186,460), and the amount of penalty is KRW 136,810. D.

The plaintiff was sentenced to the above claim on November 11, 2003 by Seoul District Court Decision 2003Da284787, the above claim (the overdue interest rate until the closing of argument in the above judgment is 18% per annum), and the above judgment became final and conclusive around that time, but below.

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