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(영문) 서울중앙지방법원 2019.01.24 2018가합511152
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 255,848,837 and KRW 250,716,947 from November 20, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 11, 2009, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant B to secure the payment of the principal and interest of the loan to Defendant B E Co., Ltd. (hereinafter “E”), between Defendant B and Defendant B (hereinafter “E”), with the guarantee agreement between June 11, 2009 to June 10, 201 (the extension of the guarantee period from June 11, 2009 to June 10, 2010) (hereinafter “the instant credit guarantee agreement”), and the Defendant C jointly and severally guaranteed this agreement.

On June 11, 2009, the Plaintiff issued a letter of credit guarantee of KRW 300,000,000 as the guaranteed party E under the instant credit guarantee agreement. Defendant B received a loan of KRW 300,000,000 from E as the operating fund of KRW 300,000 from E as security.

B. On May 18, 2015, Defendant B lost the benefit of time due to the failure to pay the principal and interest of the said loan, and the occurrence of a guarantee accident due to the failure to repay the principal and interest of the said loan. On November 20, 2018, the Plaintiff subrogated for KRW 250,716,947 (principal principal KRW 243,00,000, interest rate of KRW 7,716,947) in accordance with the instant credit guarantee agreement.

C. Article 10 of the Credit Guarantee Agreement provides that when the plaintiff performs the guaranteed obligation, the principal and the joint guarantor shall reimburse the amount of the performance of the guaranteed obligation and the amount of damages calculated by multiplying the amount of the performance of the guaranteed obligation by the rate set by the plaintiff from the date of the repayment of the guaranteed obligation until the date of the repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, and expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, and the penalty, etc. In order to perform the guaranteed obligation under the Credit Guarantee Agreement, the Plaintiff spent 2,285,80 won as the expenses for the preservation of the claim. The penalty under

The agreed damages rate for subrogation based on the Plaintiff’s credit guarantee agreement shall be 10% per annum.

[Ground of recognition] There is no dispute.

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