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(영문) 서울중앙지방법원 2016.05.31 2015가단5297132
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 92,466,969 and KRW 91,512,295 among the Defendants.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”), and Defendant A Co., Ltd provided a credit guarantee under the Regional Credit Guarantee Foundation Act with respect to the principal and interest to be borne in obtaining a loan from Nong Bank Co., Ltd., within the scope of credit guarantee under the following.

According to a credit guarantee agreement, when the Plaintiff performs the guaranteed obligation, the Defendant Company pays all incidental obligations, including the amount subrogated by the Plaintiff, the amount of damages incurred by the Plaintiff from the payment date of the guaranteed obligation to the date of full payment thereof, the additional guarantee fee calculated by adding a certain percentage to the guarantee rate from the day following the date of payment date of the guaranteed obligation to the day before the expiration date of the guaranteed obligation, and the legal procedure cost (provisional payment) cost incurred by the Plaintiff to execute or preserve its rights by performing the guaranteed obligation on March 23, 2012: D90,000,000 guarantee term of the guaranteed principal on the date of the credit guarantee: 90% on March 23, 2015.

Defendant B and C have jointly and severally guaranteed all obligations under the credit guarantee agreement for the Plaintiff of the Defendant Company.

Defendant Company has lost its interest due to loans and failed to pay the principal and interest of loans even though it has lost its interest.

On June 15, 2015, the Plaintiff subrogated for KRW 91,512,295 to the Nonghyup Bank.

The legal procedure cost incurred by the Plaintiff is 443,034 won, the outstanding amount out of the additional guarantee fee is 511,640 won, and the delayed damage rate is 12% per annum.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

B. According to the facts of determination, the Defendants are jointly and severally liable to the Plaintiff for the payment by subrogation, legal procedure costs, additional guarantee fees, total amount of KRW 92,466,969, and among them, KRW 91,512,295, which is the date of subrogation, from June 15, 2015 to September 14, 2015, the date of final delivery of the instant complaint.

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