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(영문) 수원지방법원 2015.06.10 2014가단533872
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 51,321,565 and KRW 51,321,51 among the Defendants.

Reasons

1. Facts of recognition;

A. On June 20, 2008, the Plaintiff entered into a credit guarantee agreement between Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with a general loan of KRW 60,000,00,000, and issued a credit guarantee agreement with Defendant Co., Ltd. with a guarantee period of KRW 51,00,000, and the guarantee period from June 19, 2008 to June 18, 2013 (hereinafter “the instant credit guarantee agreement”). On the same day, the Plaintiff issued the said credit guarantee agreement to Defendant Co., Ltd..

B. According to the credit guarantee agreement of this case, when the plaintiff performed the guaranteed obligation, the defendant B and C, the principal debtor company, and the joint and several sureties, shall pay to the plaintiff the amount of subrogation, damages for delay calculated by the rate of damages determined by the plaintiff from the date of performance of the guaranteed obligation to the date of full payment of the guaranteed obligation, expenses incurred in performing the guaranteed obligation, expenses incurred in preserving, transferring and exercising

Meanwhile, the rate of delay damages determined by the Plaintiff is 12% per annum from December 1, 2012 to the date.

C. On April 16, 2014, the Plaintiff filed a claim for the performance of the guaranteed obligation with the Korean bank on the ground of the occurrence of a credit guarantee accident against the Defendant Company, and subrogated for the payment of KRW 51,488,761 in total to the Korean bank on April 16, 2014, and collected KRW 167,250 on the same day and collected the remainder at KRW 51,321,511, and the amount of damages for final delay incurred therefrom

[Ground of recognition] Defendant A and B: Judgment based on the deemed confession (Article 208(3)2 and Article 150(3) of the Civil Procedure Act)

2. According to the facts of the above recognition, the defendant company and the joint and several surety under the credit guarantee agreement of this case, as the principal obligor, and the defendant B and C, as the joint and several surety, jointly and severally, shall be liable to the plaintiff for the amount based on the above credit guarantee agreement, such as the amount of subrogation paid by the plaintiff

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