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(영문) 서울중앙지방법원 2016.04.29 2015가합545987
구상금
Text

1. As to Defendant A and B’s joint and several costs of KRW 273,762,974 and KRW 271,596,519 among them, June 30, 2015.

Reasons

1. Basic facts

A. When Defendant A Co., Ltd (hereinafter “Defendant Company”) borrowed KRW 300,000,00 from Han Bank (hereinafter “One Bank”), the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Defendant Company as of May 14, 2014, setting the credit guarantee period from May 14, 2014 to May 13, 2015 (hereinafter “the instant credit guarantee agreement”). On the same day, the Plaintiff issued a credit guarantee agreement to the Defendant Company in accordance with the instant credit guarantee agreement.

B. The Defendant Company provided the said credit guarantee certificate as security and was loaned KRW 300,000,000 from the Han Bank on May 23, 2014 at the maturity of payment on May 13, 2015.

(hereinafter “instant loan”). C.

Under the credit guarantee agreement of this case, the Plaintiff and the Defendant Company agreed to pay to the Plaintiff the amount of subrogation, ② damages for delay calculated at the interest rate set by the Plaintiff from the date the Plaintiff performed the guaranteed obligation to the date of full payment of the amount of subrogation, ③ penalty, ④ the amount of the Plaintiff’s right acquired through the performance of the guaranteed obligation, ④ the expenses incurred in the preservation, transfer

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

On May 14, 2014, Defendant B guaranteed all obligations owed by the Defendant Company to the Plaintiff according to the instant credit guarantee agreement.

E. After that, the Defendant Company did not pay the instant loan, and on June 30, 2015, the Plaintiff repaid the principal and interest of the instant loan to Han Bank, on behalf of the Defendant Company, KRW 271,596,519.

The remainder of the expenses incurred by the Plaintiff to preserve the claim for reimbursement against the Defendant Company is KRW 1,436,345 (= KRW 1,466,545 - KRW 30,200).

The defendant company shall pay to the plaintiff according to the credit guarantee agreement of this case.

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