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(영문) 서울중앙지방법원 2017.09.21 2016나82227
구상금
Text

1. Each appeal by the Defendants is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1...

Reasons

1. The following facts of recognition do not conflict between the parties, or may be acknowledged by considering the whole purport of the pleadings as a whole in each entry in Gap evidence 1 to 5:

The Plaintiff entered into a credit guarantee contract (hereinafter “instant credit guarantee contract”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) with the following contents, and Defendant B jointly and severally guaranteed the obligation to be borne by the Defendant Company to the Plaintiff pursuant to the said credit guarantee contract:

C

B. According to the credit guarantee contract of this case, when the plaintiff subrogated for the loans of the defendant company pursuant to the above credit guarantee contract, the defendants agreed to pay to the plaintiff the amount of performance of the guaranteed obligation, ② delay damages at the interest rate (12%) set by the plaintiff from the date of subrogation to the date of repayment, ③ expenses incurred in the performance of the guaranteed obligation, ④ expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, ⑤ unpaid guarantee fee, overdue guarantee fee

C. The Defendant Company received a credit guarantee certificate from the Plaintiff and received a loan of KRW 20,000,000 from the National Bank as security.

After that, Defendant Company lost the interest of the term of the above loans to the National Bank, and the Plaintiff subrogated to the National Bank totaling KRW 14,323,158 on April 14, 2016 in accordance with the credit guarantee contract of this case.

On April 14, 2016, the Plaintiff recovered KRW 235,770 out of the subrogated amount, and KRW 77 of the finalized delay damages for the amount recovered, which led to the occurrence of KRW 14,087,465, and the Plaintiff’s indemnity against the Defendants remains (i.e., KRW 14,323,158 - KRW 235,70).

2. According to the facts of the determination as to the cause of the claim, the Defendants are jointly and severally liable to the Plaintiff for reimbursement of KRW 14,087,465, and the remainder of the subrogated amount of KRW 14,087,388, which is the date of subrogation, from April 14, 2016 to September 2016, which is the date of serving the copy of the complaint in this case.

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