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(영문) 서울중앙지방법원 2018.01.17 2017가합515171
구상금 등 청구의 소
Text

1. As to Defendant B and C’s joint and several liability for KRW 1,323,923,126 to the Plaintiff and KRW 257,915,109 among them, Defendant B and C’s joint and several liability for damages incurred to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is the Defendant B Co., Ltd. (hereinafter “Defendant B”).

between Defendant B and the F Bank, Inc. (hereinafter referred to as “G”).

(3) In obtaining a loan from a party, each credit guarantee agreement (hereinafter “each of the instant guarantee agreements”) with the terms and conditions set forth below as follows.

A) The Defendant C, the representative director of the Defendant B, concluded a credit guarantee agreement and issued each credit guarantee agreement to the said banks. (Amount-unit: KRW 2) Defendant C, the representative director of the Defendant B, jointly and severally guaranteed the Plaintiff’s obligation under each of the instant guarantee agreements (hereinafter “each of the instant joint and several guarantee agreements”).

3) According to each of the instant guarantee contracts, in a case where the Plaintiff fulfilled the guaranteed obligation under each of the instant respective guarantee contracts, Defendant B and Defendant C, a joint surety of the principal guarantor, are liable to pay to the Plaintiff as the guarantor, the amount of the Plaintiff’s subrogation, damages after the date of payment of the said subrogation, penalty calculated by adding a certain percentage of the final applicable guarantee fee rate from the date following the date of payment of the guarantee fee for the terminated guaranteed amount to the date preceding the date of termination of the guarantee (Articles 3 and 10). From December 23, 2016, the first subrogated by the Plaintiff, to the date of the closing of argument in the instant case, the agreed rate of delay damages for the payment of the subrogated amount from December 23, 2016 to the date of the closing of argument in the instant case is 10% per annum. (B) Defendant B and Defendant C applied for provisional attachment, provisional disposition, and provisional disposition, and for the loss of GFF Bank interest due to Defendant B’s respective housing site and buildings on October 10, 2010, Incheon District Court.

2) Accordingly, on December 23, 2016, the Plaintiff: (i) KRW 257,915,109 (= Principal KRW 255,00,000; KRW 2,915,109); and (ii) KRW 1,065,326,885 in G on January 11, 2017 (= Principal KRW 1,053,053,095,529 KRW 11,421,356; and (iii) KRW 243,804.

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