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(영문) 창원지방법원진주지원 2020.10.16 2020가단38729
구상금
Text

The defendants are jointly and severally liable to the plaintiff for 81,843,90 won and 8% per annum from January 11, 2020 to May 24, 2020.

Reasons

1. Determination as to the cause of claim

A. In the course of Defendant A’s receiving a loan from C Bank (hereinafter “C Bank”) for “B Team Baol Bae loan, the Plaintiff entered into a housing finance credit guarantee agreement with the main contents of “the date of guarantee: 30 March 30, 2017”, “4 years after loan handling” and “90,000 won: 90,000 won” (hereinafter “instant agreement”) and issued a credit guarantee agreement with regard thereto. According to the said credit guarantee agreement, where Defendant A, a primary debtor, delayed the repayment of principal and interest of C Bank, the Plaintiff shall pay the Plaintiff the above loan on behalf of the Plaintiff and pay the damages and other incidental debt in accordance with the method of calculating the above agreement, Defendant A’s joint and several liability, Defendant A’s repayment of the principal and interest by subrogation of the Plaintiff, Defendant A’s repayment of the principal and interest of KRW 100,000,000, and Defendant C Bank’s repayment of the principal and interest of KRW 100,000,000.

B. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 91,843,90 won and damages for delay calculated at the rate of 8% per annum as stipulated in the instant agreement from January 11, 2020 to May 24, 2020, the service date of the original copy of the decision on the instant payment order, and 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the day of full payment.

2. The plaintiff's claim of this case against the defendants is justified and it is so decided as per Disposition.

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