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(영문) 대구지방법원포항지원 2020.05.07 2020가단101643
구상금
Text

1. The Defendant is jointly and severally with the Plaintiff, as to KRW 86,328,372 and KRW 86,274,972 among them, as well as the Plaintiff on October 31, 2019.

Reasons

In light of the following facts: (a) the Plaintiff entered into a credit guarantee agreement with the Defendant’s joint and several sureties Co., Ltd. (hereinafter “Nonindicted Company”) on October 20, 2016 under the Defendant’s joint and several sureties’s credit guarantee agreement on October 19, 2017; (b) the amount guaranteed under the said credit guarantee agreement is KRW 85 million; (c) the term of guarantee was changed to October 18, 2019; (d) the amount of guarantee was extended to KRW 100 million from the Industrial Bank of Korea on October 21, 2016; (d) the Plaintiff was granted credit guarantee accident following overdue interest payment on October 5, 2019; and (d) the Plaintiff was admitted to the Industrial Bank of Korea on October 31, 2019 as the total amount of principal loans of Nonparty Company KRW 850,500,747,97,477, and damages for delay under the said credit guarantee agreement; and

Therefore, the defendant is jointly and severally liable to the non-party company to pay to the plaintiff the sum of the penalty for subrogation and penalty for delay calculated by 86,328,372 won and 86,274,972 won, which is the date of subrogation, from October 31, 2019 to February 18, 2020, which is the date of service of a copy of the complaint of this case, 8% per annum, and 12% per annum, which is the next day, from February 19, 2020 to the date of full payment.

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