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(영문) 서울중앙지방법원 2019.09.20 2017가단5121734
구상금
Text

1. The Defendants jointly and severally liable to the Plaintiff for KRW 152,071,349 as well as KRW 151,791,170 as to the Plaintiff’s KRW 152,071,349.

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 4, the facts identical to the statement in the grounds for the claim can be acknowledged. Thus, under the credit guarantee agreement of this case, the defendants are jointly and severally liable to the plaintiff for the principal debtor and joint guarantor for the total amount of KRW 152,071,349 (the total amount of KRW 151,791,791,170 plus the additional guarantee fee of KRW 280,130), and the balance of subrogation of KRW 151,791,170, which is the date of subrogation, from May 18, 2017 to September 15, 2017, the delivery date of the copy of the complaint of this case, and the statutory interest rate of KRW 12% per annum from the following day to May 31, 2019, the former statutory interest rate of KRW 3(1) of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter referred to “Enforcement Provisions”).

(1) The Plaintiff’s claim for damages for delay pertaining to the period after June 1, 2019 is with merit only within the amount calculated by the rate of 12% per annum. Therefore, the Plaintiff’s claim for damages for delay pertaining to the period after June 1, 2019 is justified within the scope of the above recognition, and the remainder is dismissed as there is no justifiable reason.

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