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(영문) 청주지방법원제천지원 2015.09.09 2014가단1887
구상금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 14,187,602 as well as KRW 12,346,985 as to the Plaintiff’s KRW 12,346,985, from March 17, 2014 to April 13, 2015.

Reasons

1. Basic facts

A. (1) On February 4, 2013, the Plaintiff entered into a credit guarantee contract and carried out loans. The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”).

(2) According to the aforementioned credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, the Defendant Company paid the Plaintiff the amount of the subrogated payment and the amount of damages for delay (the rate of damages for indemnity due to the repayment determined by the Plaintiff is 12% per annum from July 1, 2013), additional guarantee fees, the Plaintiff’s expenses incurred in the performance of the guaranteed obligation, and the expenses incurred in the performance of the guaranteed obligation, and the expenses incurred in the preservation of the claim.

3) Under the aforementioned credit guarantee agreement, the Defendant Company borrowed KRW 40,00,000 from the Nonghyup Bank Co., Ltd. on February 6, 2013. (b) The occurrence of a credit guarantee accident and the occurrence of a liability for reimbursement. (i) However, on October 29, 2013, the occurrence of a credit guarantee accident due to the closure of business or delinquency by the Defendant Company has occurred, and the Plaintiff subrogated for KRW 35,150,279 (principal + KRW 34,00,000 + interest KRW 1,50,279) to the Nonghyup Bank Co., Ltd. on March 17, 2014 pursuant to the said credit guarantee agreement.

2) In addition, for the preservation of the above claim for indemnity, the Plaintiff spent a total of KRW 1,46,060, and collected KRW 38,100, and collected KRW 38,107,960 among them, and incurred KRW 84,950,00 for additional guarantee fees. 3) However, on October 31, 2014, the Plaintiff received KRW 12,148,102 from E, a joint guarantor, and paid KRW 1,492,910 among them, and appropriated KRW 1,492,910 (in addition, KRW 1,407,960 + additional guarantee fees + KRW 84,950) for the above claim preservation expenses and additional guarantee fees, and appropriated the remainder for the payment by subrogation as part of the above amount by subrogation.

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