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(영문) 서울중앙지방법원 2015.10.02 2014가합557532
구상금 등 청구의 소
Text

1. As to Defendant A and B’s joint and several liability for KRW 125,092,347 and KRW 120,973,342 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on April 9, 2014.

Reasons

1. Basic facts

A. (1) The Plaintiff entered into a credit guarantee agreement and carried out loans around July 25, 2013, and the Plaintiff is Defendant A Co., Ltd (hereinafter “Defendant A”).

B) Between the guaranteed amount of KRW 296,00,000, and the guaranteed period of July 25, 2013 to July 24, 2014, the Guarantee counterpart Co., Ltd. (hereinafter “New Bank”)

(i) a credit guarantee agreement under the credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”).

Defendant A, the representative of Defendant A, jointly and severally guaranteed all obligations under the instant credit guarantee agreement that Defendant A owes to the Plaintiff on the same day. According to the instant credit guarantee agreement, Defendant A, the principal debtor, and Defendant B, the joint and several surety, have to pay to the Plaintiff damages for delay in accordance with the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment, ② the expenses for performance of the guaranteed obligation, the unpaid guarantee fee and the delayed guarantee fee, ③ the compensation for delay in accordance with the rate determined by the Plaintiff from the date of payment of each of the above expenses to the date of repayment. (2) Defendant A received a loan of KRW 370,000,000 from the new bank on July 30, 2013 pursuant to the instant credit guarantee agreement.

B. On March 18, 2014, the occurrence of a credit guarantee accident and the Plaintiff’s subrogation (1) caused a credit guarantee accident by filing an application for closure of the business on March 18, 2014, and the Plaintiff subrogated to the new bank for the total of KRW 276,273,828 (i.e., the principal amount of KRW 275,146,843) (i.e., the principal amount of KRW 1,126,985) on April 9, 2014. (ii) After recovering KRW 15,00,000 from the Defendant, the final damages accrued up to that time are KRW 4,119,05, and the damages for delay under the instant credit guarantee agreement are 12% per annum.

C. The legal relations between Defendant Specialized Construction Mutual Aid Association and A, and the property disposal activities of A) Defendant Specialized Construction Mutual Aid Association (hereinafter “Defendant Specialized Construction Mutual Aid Association”).

A specialized construction business operator shall be a mutual aid association established by constructors who have obtained a license for specialized construction business.

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