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(영문) 부산지방법원 2016.09.27 2016가단324652
구상금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 30,462,08 and KRW 30,204,418 among them shall be the Defendant from March 25, 2016.

Reasons

1. Facts of recognition;

A. From August 30, 2011, the Plaintiff entered into a credit guarantee agreement with Defendant A, a Co., Ltd. (hereinafter “National Bank”), setting the amount of principal and interest of the loan as KRW 30,00,000 on the guaranteed amount, and Defendant B, on the same day, jointly and severally guaranteed Defendant A’s indemnity obligation.

B. On March 25, 2016, the Plaintiff subrogated to the National Bank for KRW 30,204,418 of the principal and interest of the debt due to Defendant A’s credit guarantee accident.

C. Meanwhile, according to Articles 27 and 28 of the Regional Credit Guarantee Foundation Act and Articles 3 and 10 of the said Credit Guarantee Contract, the interest rate for delay from the date of subrogation by the Plaintiff to the date of completion of the repayment of the amount of indemnity, and the additional guarantee fee to be paid by the Defendants upon the performance of the Plaintiff’s credit guarantee is KRW 257,

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. According to the facts of the above recognition, Defendant A and Defendant B, a joint and several surety, jointly and severally, paid credit guarantee money to the Plaintiff under the above credit guarantee contract (i.e., subrogation amounting to KRW 30,462,08,00,000,000,000 in addition to guarantee fees of KRW 30,204,418), and the subrogation amount of KRW 30,204,418, whichever is the date of payment of deposit, with respect to Defendant A, who is the date of delivery of the original copy of the instant payment order from March 25, 2016 to May 26, 2016.

As to Defendant B, each of the above credit guarantee contracts is obligated to pay 12% per annum until May 27, 2016, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. According to the conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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