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(영문) 대구지방법원 2016.06.10 2015가합203923
구상금 등 청구의 소
Text

1. Defendant A, Defendant B, and Defendant C jointly and severally with the Plaintiff KRW 261,302,246 and KRW 258,95,464 among them.

Reasons

1. Facts of recognition;

A. On March 30, 2010, the Plaintiff entered into a credit guarantee agreement with Defendant A, and issued a credit guarantee agreement with the following contents. Defendant A submitted the said credit guarantee agreement to the Daegu Bank, which received a loan of KRW 300 million.

(1) Guarantee number: G (2) Guarantee amount: 255,00,000 won.

B. The main contents of the above credit guarantee agreement are as follows, and Defendant B and C with respect to the above agreement, jointly and severally guaranteed all obligations such as indemnity obligations owed by Defendant A to the Plaintiff.

Article 10 (Scope of Repayment) (1) When a new guarantor has performed a guaranteed obligation, the principal and joint guarantor shall immediately refund the amount falling under any of the following subparagraphs:

(Sicker omitted)

1. Performance amount of the surety obligation;

2. The amount of loss calculated by the rate set forth in the new report from the date of discharge of the surety obligation to the date of redemption.

3. Expenses for discharge of guarantee obligation; and

4. Expenses incurred in the preservation, transfer and exercise of any right acquired through discharge of guaranteed liabilities;

5. Unpaid guarantee fees, late guarantee fees and penalty;

6. Compensation for delay calculated by multiplying the amount paid under subparagraphs 3 and 4 by the rate prescribed by the new report from the payment date of each expense to the repayment date.

7. Subrogation fee;

C. As a credit guarantee accident occurred on January 19, 2015 due to the delay in the repayment of the interest of Defendant A, the Plaintiff subrogated to the Daegu Bank of Daegu for the settlement of disputes in KRW 258,995,464 ( principal KRW 255,00,000,000) on May 29, 2015, and paid KRW 1,657,062 as the legal procedure expenses, such as provisional attachment on Defendant A’s property for the purpose of preserving the claim for reimbursement, etc.

In addition, penalty for attempted penalty under the above credit guarantee agreement occurred in the amount of KRW 649,720, and the agreed delay damages rate determined by the Plaintiff is 12% per annum from December 1, 2012 until now.

On the other hand, with respect to each real estate listed in the separate sheet owned by Defendant B, the maximum debt amount shall be added to the Daegu Bank.

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