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(영문) 대구지방법원 2020.06.10 2020가단100687
구상금
Text

1. The defendant shall jointly and severally with the plaintiff as to KRW 1,022,105,834 and KRW 1,009,359,754 among them.

Reasons

1. Facts of recognition;

A. On March 23, 2016 and April 17, 2017, the Plaintiff concluded a credit guarantee agreement with Company B (hereinafter “B”) and concluded a credit guarantee agreement with Company B (hereinafter “C Bank”), and provided loans of KRW 500,000 to Company B (hereinafter “D Bank”) and loans of KRW 495,000 to Company D (hereinafter “D Bank”) respectively.

B. The Defendant, who is the representative director B, jointly and severally guaranteed the claim for reimbursement against the Plaintiff.

C. The above credit guarantee term was extended several times, and the defendant consented to the extension of the credit guarantee term extension application and agreed to assume joint and several liability even after the extension. D.

B was unable to pay the principal and interest of each bank on July 31, 2019, and the Plaintiff paid 507,458,393 won to the C Bank on July 31, 2019, and 501,901,361 won to the D Bank on the same day.

E. The interest rate for delay after April 1, 2019, which was stipulated in the above credit guarantee agreement as to the amount of indemnity, is 8% per annum.

F. In the above credit guarantee agreement, B agreed to pay the Plaintiff’s expenses required for the execution, preservation, exercise, and legal procedure of the claim, i.e., payment by subrogation. The Plaintiff’s payment by subrogation in order to preserve the claim against B is KRW 11,328,390.

G. Under the above credit guarantee agreement, where the Plaintiff is obligated to discharge the guaranteed obligation due to the failure of B to perform the obligation within the given period, the penalty was determined to collect from B, and the penalty for breach of contract is KRW 1,417,690.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant jointly and severally with B for the Plaintiff KRW 1,022,105,834 (i.e., 1,009,359,754 by subrogation and substitute payment of KRW 11,328,390 by subrogation and penalty of KRW 1,417,69,754 by subrogation and the amount of subrogated payment of KRW 1,009,359,754 by July 31, 2019.

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