logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.07.20 2016가단219214
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 47,397,013 and KRW 41,388,491 among them, from March 25, 2005 to May 2005.

Reasons

On March 23, 2002, the Plaintiff entered into a credit guarantee agreement between Defendant A Co., Ltd. (hereinafter “Defendant Company”) and the Plaintiff to guarantee the Defendant Company’s obligations until March 22, 2004, setting the guarantee principal at KRW 45 million, and issued the Defendant Company a credit guarantee certificate with the same content (hereinafter “the instant credit guarantee agreement”). On March 23, 2002, the Defendant Company was loaned KRW 50 million to the Defendant Company’s National Bank as collateral.

After that, the Plaintiff extended the term of guarantee of the instant credit guarantee agreement to March 22, 2005.

According to the credit guarantee agreement of this case, when the plaintiff performs a guaranteed obligation, the defendant company shall pay to the plaintiff the amount, damages calculated by the ratio determined by the plaintiff, expenses incurred by the plaintiff in the course of performing the guaranteed obligation, expenses incurred by the plaintiff in the course of preserving, transferring, and exercising the right acquired by the plaintiff as a result of the performance of the guaranteed obligation. The ratio of damages determined by the plaintiff is 18% per annum from January 1, 1999 to May 31, 2005, and 15% per annum from the next day to the date, and the defendant B guaranteed the above obligation against the plaintiff by the defendant company.

After that, as Defendant B was registered as the bad credit holder on August 16, 2004 and lost the benefit of time due, the National Bank of Korea requested the Plaintiff to discharge the guaranteed obligation, and on March 25, 2005, the Plaintiff subrogated to the National Bank of Korea KRW 41,388,491 as the principal and interest of the loan.

In addition, the plaintiff paid KRW 674,170 to the expenses for preserving the above claim for reimbursement, but recovered KRW 13,890 among them, and the penalty for breach of contract under the credit guarantee agreement of this case occurred to KRW 3,100.

On the basis of the facts found in paragraph (1)(2) and (3), “Defendant A Co., Ltd. and B” in this case, including the amount of indemnity on February 3, 2006 at the Seoul Central District Court 2005da130747, is jointly and severally subject to KRW 42,051,871.

arrow