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(영문) 수원지방법원 2020.07.16 2020가단507133
구상금
Text

The defendants jointly pay 86,409,711 won and 85,972,190 won among them, from September 2, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 24, 2016, the Plaintiff concluded a credit guarantee agreement with the Defendant Company B (hereinafter “Defendant Company”) under Defendant C’s joint and several surety (hereinafter “Defendant Company”) by setting the amount as KRW 85 million, the counterpart point of the D Bank, the guarantee period of the D Bank, two years, and the compensation for delay at 12% per annum, and issued the credit guarantee certificate to the Defendant Company.

(b).

A credit guarantee accident in which the Defendant Company obtained a loan of KRW 100 million from the other party to the D Bank pursuant to the credit guarantee agreement, and thereafter failed to repay the loan, the Plaintiff paid 85,972,190 won to the other party to the D Bank on August 23, 2019 (i.e., principal amount of KRW 85 million and additional interest of KRW 972,190), and the damages, etc. incurred until September 1, 2019 (i.e., the attempted penalty of KRW 437,521 (=the attempted penalty of KRW 151,136 KRW 11,726 KRW 282,648).

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendants are jointly obligated to pay to the Plaintiff the total amount of 86,409,711 won related to the amount of subrogated payment (= KRW 85,972,190, KRW 437,521), as well as damages for delay calculated at the rate of 12% per annum from September 2, 2019 to the date of full payment of the amount of subrogated payment, barring special circumstances.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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