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(영문) 창원지방법원 2016.07.21 2016가합51446
구상금
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 606,610,280 and KRW 574,010,814 among them.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is Defendant A Co., Ltd. (hereinafter “Defendant Company”).

(2) In order for the Company to secure the obligation arising from the loan from the Company and the Han Bank, each credit guarantee agreement with the Defendant Company was concluded, and each credit guarantee agreement was issued. Defendant B and C jointly and severally guaranteed a repayment obligation under the respective credit guarantee agreement with the Plaintiff. F GHI J 2) Defendant Company secured each of the above credit guarantee agreements, and obtained loans from the Company and the Han Bank with the following content:

F GH IJ

B. The occurrence of a credit guarantee accident and the Plaintiff’s credit guarantee accident (e.g., delinquency of principal of the Defendant company’s loan) occurred on January 11, 2016. Accordingly, the Plaintiff subrogated to a corporate bank and a single bank as follows with the guarantee liability under each of the instant credit guarantee agreements.

F GH IJ

C. Under each credit guarantee agreement of this case, when the obligor did not repay the guaranteed obligation such as the loan, and the Plaintiff performed the guaranteed obligation, the obligor agreed to pay the Plaintiff the amount required by the Plaintiff to discharge the guaranteed obligation, the penalty for attempted payment, the amount required by the Plaintiff for the enforcement of the obligation to compensate for the claim, the costs incurred by the Plaintiff in the legal procedure for the enforcement of the obligation, and damages for delay in accordance with the interest rate set by the Plaintiff as to the payment for delay. The interest rate determined by the Plaintiff in relation to the above damages for delay is 10% per annum from the date of the above subrogation to the date of the above payment. (ii) The remainder of the Plaintiff’s claim for indemnity as of now is 606,610,280 won [604,915,651 won in total [604,915,000 won in total [613,048,961 won in subrogation as above - 8,13,310 won in total)].

Defendant D, such as the conclusion of a sales contract for each of the real estate listed in the attached list No. 1, is the only type of Defendant C and Defendant C, the birth of which on January 5, 2015.

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