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(영문) 대전지방법원천안지원 2016.04.26 2015가단110023
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 21,437,827 and KRW 21,437,645 from November 10, 2014 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On July 19, 2012, the Plaintiff borrowed KRW 25,500,00 from the Nonghyup City Branch of Nonghyup Bank. Accordingly, the Plaintiff entered into a credit guarantee agreement with the content that guarantees the repayment of the principal and interest of loan to be borne by the said bank (hereinafter “the instant credit guarantee agreement”). Defendant B jointly and severally guaranteed the liability for indemnity to be borne by Defendant A to the Plaintiff according to the instant credit guarantee agreement on September 3, 2013.

B. Defendant A Co., Ltd. failed to repay the above loans, and the Plaintiff subrogated to the Nonghyup Bank for KRW 21,91,975, total amount of the principal and interest of loans on November 10, 2014 in accordance with the credit guarantee agreement of this case.

C. The agreed interest rate for delay under the instant credit guarantee agreement is 12% per annum from the date of subrogation.

The Plaintiff recovered KRW 554,30 on the date of the payment by subrogation and collected KRW 554,30 on the date of the payment by subrogation (=21,91,975 won - 554,330 won). As to the amount collected by subrogation, 182 won (=54,330 won x 12% x 12% x 1/365, and 1/365) incurred a final delay loss.

[Ground of recognition] Each entry in Gap evidence Nos. 1 through 11 (including additional number ones), the purport of the whole pleadings [the evidence No. 10 (a joint guarantor replacement) of the Credit Guarantee Agreement] shall be established in full view of the entries and shapes of evidence No. 11-1 of the evidence No. 11-1 of the whole pleadings, and the purport of the whole pleadings, as it can be acknowledged that the original copy of the defendant B’s name is identical with the original copy of the defendant B’s seal imprint, the authenticity of the document is presumed to have been established, and the document’s authenticity

2. According to the above facts of determination, Defendant A, as the principal obligor of the credit guarantee agreement of this case, and Defendant B, as the joint guarantor of the credit guarantee agreement of this case, was 21,437,827 won (i.e., the balance of subrogation 21,437,645 won) and 21,437,645 won among them, which is the date of subrogation, from November 10, 2014, which is the delivery of a duplicate of the application for the payment order of this case from November 10, 2015.

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