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(영문) 광주지방법원순천지원 2015.04.29 2014가합3338
구상금
Text

1. Defendant B’s KRW 33,070,199 as well as 5% per annum from November 27, 2014 to April 29, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The loan guarantee of the Seoul Guarantee Insurance and the Plaintiff’s joint and several sureties 1) Defendant B, around May 1996, paid KRW 20 million to Defendant C, and KRW 30 million to Defendant C, around May 1997, respectively, with a maturity of one year, and was granted a loan from school life insurance to the effect that it may extend the time limit each year, and the Seoul Guarantee Insurance Co., Ltd and the Korea Guarantee Insurance Co., Ltd. merged on November 25, 1998 with respect to each of the loan principal incurred due to the above loan and the interest interest interest accrued due to the overdue interest rate. The Defendants agreed to pay the amount paid by Seoul Guarantee Insurance Co., Ltd. upon the performance of the guaranteed obligation, and damages for delay as well as the amount paid by the Seoul Guarantee Insurance Co., Ltd. for the execution of the above loan.

The Plaintiff jointly and severally guaranteed each of the above claims for reimbursement owed by the Defendants.

B. The Defendants paid by Seoul Guarantee Insurance Co., Ltd. lost the interest of each of the above loans due to delayed payment of the interest, and thus, the principal and interest of the loans should be repaid, but the Seoul Guarantee Insurance paid the principal and interest of the above loans by subrogation.

C. Under the above loan guarantee agreement, the Seoul Guarantee Insurance Co., Ltd. participated in each distribution procedure against the Plaintiff’s wage claims and retirement allowance claims held by the Plaintiff to receive the amount of each subrogation and delayed payment from the said Plaintiff, a joint guarantor under the above loan guarantee agreement, and received the payment of KRW 43,245,69, and KRW 64,904,266, as the indemnity amount against Defendant B, respectively. 2) The Seoul Guarantee Insurance Co., Ltd received dividends from each distribution procedure as listed below.

Defendant B’s dividend date of the distribution procedure 1.

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