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(영문) 서울중앙지방법원 2018.10.11 2018가단5059256
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 130,560,763 and KRW 130,511,628, among themselves, from August 31, 2016 to January 31, 2018.

Reasons

1. Facts of recognition;

A. On November 25, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A to guarantee the obligation to obtain a loan from the Nonghyup Bank Co., Ltd. (hereinafter “CF”) and issued a credit guarantee agreement as of November 24, 2016 with the guaranteed principal, and the credit guarantee agreement as of November 24, 2016. Defendant B guaranteed the obligation to be borne by Defendant A under the said credit guarantee agreement.

B. Around that time, Defendant A borrowed the above guarantee amount of KRW 137,577,00 from the Nonghyup Bank as security, but did not repay it. Accordingly, on August 31, 2016, the Plaintiff subrogated the principal and interest of KRW 138,947,654, and recovered KRW 8,436,026 (the principal amount remains at KRW 130,51,628). Accordingly, as seen below, Defendant A collected KRW 49,135,00,000,000,000 won (the principal amount remains at KRW 130,511,628).

C. Meanwhile, when the Plaintiff fulfilled the guaranteed obligation under the aforementioned credit guarantee agreement, Defendant A paid the amount of subrogation and damages at the rate determined by the Plaintiff from the date of subrogation. Accordingly, the percentage of damages determined by the Plaintiff is 12% per annum from June 1, 2015 to January 31, 2018, and 10% per annum thereafter.

【Reasons for Recognition】 The purport of the whole of the arguments and arguments as stated in the evidence under Article 150 (Voluntary Confession) or Nos. 1 through 7 of the Civil Procedure Act

2. According to the facts of the determination as above, Defendant A is the primary debtor of the above credit guarantee agreement, and Defendant B is jointly and severally and severally a joint guarantor who has fulfilled the guaranteed obligation under the above credit guarantee agreement, and as to the principal, 130,560,763 won (130,51,628 won) plus the remaining principal and finalized damages (49,135 won) and the above principal, 12% per annum from August 31, 2016 to January 31, 2018, which is the date on which the guaranteed obligation is performed, and 10% per annum from the following day to April 23, 2018, and 10% per annum from the date on which a copy of the complaint has been served.

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