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(영문) 서울중앙지방법원 2015.09.09 2015가단5009007
구상금
Text

1. The Plaintiff:

A. As to the Defendant A Co., Ltd.’s KRW 947,121,901 and KRW 328,652,775 among them, from May 9, 2014.

Reasons

1. Facts of recognition;

A. On August 3, 2009, the Plaintiff concluded a credit guarantee agreement (Guarantee 1) with Defendant A Co., Ltd. (hereinafter “Defendant Company”), a credit guarantee agreement for limited transactions (Guarantee 2), a credit guarantee agreement for limited transactions (Guarantee 2), a credit guarantee agreement on July 12, 2012 (Guarantee 3), and a credit guarantee agreement for limited transactions (Guarantee 4) on July 11, 2012.

The Defendant Company received a loan from the following bond agencies (the indication of the Company is omitted) by issuing a credit guarantee certificate in accordance with the above agreement.

B. Under a credit guarantee agreement, when the Plaintiff performed a guaranteed obligation, the Defendant Company paid all incidental obligations, such as damages calculated by multiplying the amount of performance of the guaranteed obligation by the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment.

F has jointly and severally guaranteed all the obligations owed by the Defendant Company to the Plaintiff.

C. On December 14, 2013, Defendant Company lost the benefit of time due to delay in interest.

On May 9, 2014, the Plaintiff repaid to the National Bank of Korea the principal and interest of loans of KRW 329,098,085, and on May 14, 2014, the principal and interest of loans of KRW 622,307,568.

In addition, on the date of the subrogation repayment, the defendant company recovered KRW 445,310 out of the subrogated payment of the National Bank, and KRW 3,839,850 out of the subrogated payment of the Han Bank.

The plaintiff's interest rate for delay is 12% per annum since December 1, 2012.

C. The plaintiff

As to this collection amount, the sum of KRW 1,408 was incurred as follows.

(1) 3,839,850 won x 0.12 x 1/365 =1,262 won 445,310 won x 0.12 x 1/365 =146 won.

E.F died on May 13, 2014, and as the wife’s heir, Defendant C and his/her wife are Defendant D and E.

The above Defendants were to receive the judgment of acceptance of the limited acceptance of the recognition of qualification inherited by Sungwon District Court Branch 2014Ra681 and became a limited inheritor.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 8 evidence, purport of the whole pleadings

2. The defendant company is the principal debtor and the plaintiff 947,121,901 won and 328.

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