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(영문) 춘천지방법원원주지원 2015.04.08 2014가단37001
구상금
Text

1. The defendant is jointly and severally against the plaintiff 42,211,527 won and 40,241,878 won among them.

Reasons

1. Facts of recognition;

A. On April 27, 2010, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant guarantee agreement”) with the KINT Co., Ltd. (hereinafter “SB”), and issued a credit guarantee agreement (hereinafter “instant guarantee agreement”) to provide credit guarantee for the obligation to be borrowed from the Small and Medium Business Corporation, and on April 27, 2015, the Plaintiff provided a credit guarantee agreement as to the credit guarantee principal as of April 27, 2015. On the same day, B and the Defendant jointly and severally guaranteed the obligation, such as the indemnity to be borne by the non-party company under the said guarantee agreement. Under the said guarantee agreement, the non-party company agreed to pay damages for delay, additional charges, guarantee fees, and legal expenses at the rate determined by the Plaintiff from the date of the performance of the guaranteed obligation to the date of full payment.

B. The non-party company borrowed KRW 100,00,000 from the Small and Medium Business Corporation as collateral with a credit guarantee agreement under the instant guarantee agreement, and lost the benefit due to the delay of principal on or around February 28, 2014. The Plaintiff subrogated the Small and Medium Business Corporation for KRW 40,241,878 pursuant to the said guarantee agreement on September 4, 2014. The Plaintiff’s interest rate for delay determined by the Plaintiff was 12% per annum from the date of the payment by subrogation until the date of the payment by subrogation. The additional guarantee fee for attempted amounts to KRW 219,740, and the non-legal procedure expenses are KRW 1,749,909.

(In fact that there is no dispute, entry of Gap 1 through 8, the purport of the whole pleadings, and the purport of the whole pleadings

2. Determination:

A. According to the facts of the determination as to the cause of the Plaintiff’s claim, the Defendant is jointly and severally liable with Nonparty Company, the primary debtor of the indemnity liability under the instant guarantee agreement, and B, the joint guarantor, and the Plaintiff, and the Plaintiff totaling KRW 42,211,527 of the indemnity amount (i.e., the total amount of KRW 40,241,878 (i.e., the principal and interest on subrogation, KRW 219,740,749,90) and the principal and interest on subrogation of KRW 40,241,878, Sept. 4, 2014, which is the date of subrogation, as of the date of delivery of a duplicate of the complaint of this case.

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