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(영문) 서울중앙지방법원 2016.06.24 2015가합569617
구상금 등
Text

1. The Plaintiff:

A. Defendant A and B jointly and severally share KRW 297,078,421 and KRW 138,586,259.

Reasons

1. On April 27, 2001, the Plaintiff entered into a credit guarantee agreement with H Co., Ltd. (hereinafter “non-party company”) with a credit guarantee principal of KRW 85,00,00,00, and from April 27, 2001 to April 27, 2002 with a credit guarantee term of KRW 85,00,00, and jointly and severally guaranteed the obligation to be borne by the non-party company under the above credit guarantee agreement. On April 27, 2001, the non-party company received a loan of KRW 100,00,00 from the Korea CF bank as collateral for the credit guarantee amount of KRW 5,00,00 from the Plaintiff on April 27, 201. According to the above credit guarantee agreement, the non-party company and its joint guarantor paid the Plaintiff the amount of subrogation, delayed damages, additional charges for payment of claims, and the credit guarantee agreement between the Plaintiff and the non-party company 15,2016.

According to the above facts, Defendant C, a joint and several surety, jointly and severally with Defendant A and jointly with the Plaintiff (i.e., KRW 72,761,550 - KRW 15,800 - KRW 358), and the principal amount of KRW 72,745,750 from April 8, 2015, which is the date of subrogation, shall be calculated at the rate of 12% per annum from April 27, 2016, which is the date of final delivery of the copy of the complaint of this case sought by the Plaintiff, to May 27, 2016, and 15% per annum from the next day to the date of full payment.

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