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(영문) 서울중앙지방법원 2015.05.13 2014가단5168046
구상금
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 238,895,200 and KRW 238,697,255 among them.

Reasons

1. Basic facts

A. 1) On September 6, 2013, the Plaintiff entered into a credit guarantee agreement. The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”).

(2) According to the above credit guarantee agreement, the Defendant Company has a duty to pay all incidental obligations, such as ① the amount of subrogation paid by the Plaintiff to the Plaintiff for the performance of the guaranteed obligation and the amount of damages for delay calculated at the rate of 1.5% per annum from the date of payment of the guaranteed obligation to the date of payment of the guaranteed obligation to the Plaintiff (12% per annum), ② additional guarantee fees by the rate of 1.5% per annum from the date following the date of payment of the guaranteed obligation to the date of payment of the guaranteed obligation to the date of payment of the guaranteed obligation, ③ legal procedure costs incurred by the Plaintiff for the exercise or preservation of the right by performing the guaranteed obligation.

B. A credit guarantee accident and subrogation (1) The Defendant Company borrowed KRW 250,000,000 from the Industrial Bank of Korea as security, but, on March 7, 2014, lost the benefit due to overdue interest. (2) The Plaintiff subrogated the Bank of Korea for the principal and interest of KRW 239,788,445 on April 29, 2014 pursuant to the said credit guarantee agreement.

The Plaintiff collected KRW 1,091,190 on April 29, 2014 among the amount paid by subrogation and collected KRW 238,697,255. The amount of unpaid subrogation is KRW 238,697,255. The amount of damages for final delay from the date of subrogation for the collection to the date of recovery is 358 won ( KRW 1,091,190 x 12% x 1/365). The legal procedure expenses paid by the Plaintiff for the preservation of the above amount of indemnity are KRW 197,587.

C. (1) Defendant B, the mother on February 5, 2014, disposes of the instant real estate, as indicated in the [Attachment List] (hereinafter “instant real estate”) to Defendant C, the mother on February 5, 2014

on the same date for the sale contract.

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