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(영문) 인천지방법원 2019.05.22 2018가단257360
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 40,852,954 and KRW 39,737,474 among the Defendants.

Reasons

1. Facts of recognition;

A. On March 16, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A with regard to KRW 50,000,000,000 as a loan that Defendant A would have obtained from C Bank, setting the amount as KRW 47,500,000, and the term of guarantee as of March 15, 2018 (hereinafter “the instant credit guarantee agreement”); and Defendant B jointly and severally guaranteed the indemnity obligation that Defendant A would have to bear with the Plaintiff pursuant to the instant credit guarantee agreement.

B. Under the credit guarantee agreement of this case, when the Plaintiff performed the guaranteed obligation, the Defendants paid the amount of the guaranteed obligation, and the amount calculated by the rate and method of calculation as determined by the Plaintiff from the date of the discharge of the guaranteed obligation to the date of redemption, expenses incurred in the discharge of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the discharge of the guaranteed obligation, unpaid guarantee fee, overdue guarantee fee, additional guarantee fee, insurance premium paid by the Plaintiff on behalf of the

C. Defendant A obtained a loan from C Bank as collateral for the Plaintiff’s credit guarantee. On February 9, 2018, the occurrence of a credit guarantee accident, such as overdue interest, etc., lost the benefit of the said loan due to the said credit guarantee.

Accordingly, on August 29, 2018, the Plaintiff subrogated to C Bank for KRW 39,737,474, and on October 23, 2018, the Plaintiff’s claim for indemnity is as indicated below.

- Table - Each entry in Gap evidence of subparagraphs 1 through 5, and the purport of the whole pleadings, as a whole, 39,737,474 243,340 262,470 262,470 609,670,670 40,852,954 / [Grounds for recognition]

2. Determination

A. According to the above facts of recognition, the Defendants jointly and severally agreed to the Plaintiff the total amount of KRW 40,852,954 and the amount of KRW 15% per annum from October 24, 2018, the following day of the above base date to March 13, 2019, which is the last delivery date of the complaint of this case, and 10% per annum from the following day to the day of full payment under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

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