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(영문) 서울중앙지방법원 2019.04.05 2017가합570369
구상금 등 청구의 소
Text

Defendant A’s 308,589,543 won and 308,442,264 won among them shall be annually from September 14, 2017 to October 25, 2017.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A, who is engaged in advertising advertising business in the name of “E” and Defendant A received money from the F Bank pursuant to the instant credit guarantee agreement.

Guarantee Principal (after the final change) 100,000,000 won in the loans extended on June 29, 2009 (the change to KRW 68,400,000 on June 23, 2017) at the expiration of June 29, 2012 (the change to KRW 68,400,000 on June 25, 2018) 10,000,000 in the first guarantee on August 7, 2015 (the date of the final change) shall be August 7, 2015 (the date of the final change) 200,000,000,000 won in the loans and KRW 20,00,000 in the loans, as well as KRW 67,50,000 on October 17, 2014; and KRW 30,000 on June 30, 2017).

B. According to the credit guarantee agreement of this case, when the plaintiff received a claim from the creditor for the performance of the guaranteed obligation, the guaranteed obligation may be met. In the event that the above guaranteed obligation is performed, the above defendant must pay to the plaintiff all incidental obligations, such as ① the payment by the plaintiff for the performance of the guaranteed obligation, the amount of the subrogated payment made by the plaintiff for the performance of the guaranteed obligation, the damages for delay calculated by the rate of damages prescribed by the plaintiff from the payment date of the guaranteed obligation to the full payment date, ② additional guarantee fee in accordance with the rate calculated by adding 5/100 per annum from the day following the payment date of the guaranteed obligation to the day before the expiration date of the guaranteed obligation,

C. Defendant A closed his/her place of business around July 2017, and upon the request of the F Bank, the Plaintiff subrogated for KRW 308,442,264 on September 14, 2017 (i.e., KRW 69,01,383, KRW 171,384,964, KRW 68,045,917).

The interest rate for delay under the credit guarantee agreement of this case is 147,279 won and the interest rate for delay under the credit guarantee agreement of this case is 10% per annum after February 1, 2016.

Defendant A on November 24, 2016, listed in the attached Table 1, 2016

2. Defendant B, the wife of the real estate (hereinafter “instant real estate”).

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