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(영문) 서울중앙지방법원 2020.07.08 2019가합549000
구상금 등
Text

1. As to Defendant A and B’s joint and several costs of KRW 905,589,559 and KRW 897,807,275 among them, Defendant A andB’s joint and several costs of KRW 905,589.

Reasons

1. Basic facts

A. On November 7, 2017, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) under which the principal of the guaranteed principal was KRW 760,00,000, and the credit guarantee agreement under which the term of guarantee was November 6, 2018; the principal of the guaranteed principal was KRW 190,000,000; and the term of guarantee was November 6, 2018 (hereinafter “each of the instant credit guarantee agreements”); and Defendant B jointly and severally guaranteed all of the Defendant A’s obligations to the Plaintiff under each of the instant credit guarantee agreements.

B. On November 7, 2017, Defendant A submitted a credit guarantee certificate issued by the Plaintiff pursuant to each of the credit guarantee agreements in this case to F Bank, and received a loan, but failed to repay the loan principal properly, caused a credit guarantee accident around November 7, 2018, and the Plaintiff performed the guaranteed obligation by subrogation to F Bank on April 18, 2019, in accordance with each of the credit guarantee agreements in this case.

C. Meanwhile, in each credit guarantee agreement of this case, where the Plaintiff performed the guaranteed obligation, the principal and the joint guarantor shall pay the Plaintiff “(i) the amount of performance of the guaranteed obligation and the amount calculated by the rate and calculation method determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment, ② the expenses required for the execution preservation, exercise and legal procedure of the claim, ③ unpaid guarantee fee, overdue guarantee fee, additional guarantee fee.”

From April 18, 2019, the date of the instant subrogation, to the present date, the “ratio determined by the Plaintiff” under the terms and conditions of the said agreement is 10% per annum.

The legal procedure cost incurred by the Plaintiff in order to preserve the claim for reimbursement against Defendant A is KRW 1,148,824, and the additional guarantee fee is KRW 6,633,460, which is incurred by Defendant A not paying the principal and interest of the loan.

[Reasons for recognition] Each entry of confessions (including each number in the case of documentary evidence with serial numbers) and Gap evidence 1 through 8 (including each number in the case of documentary evidence) under the main sentence of Article 150(1) of the Civil Procedure Act.

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