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(영문) 창원지방법원 2019.06.27 2018나61410
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The facts under the recognition of facts do not conflict between the parties, or each statement of Gap evidence Nos. 1 through 10 [the defendant denies the authenticity of Gap evidence Nos. 3 (Agreement) and Gap evidence No. 10 (Joint Guarantee Counseling Table). However, since the defendant's pen as stated in the column of joint and several sureties of the above evidence and the defendant's pen as stated in the written answer and the written answer are recognized as being the same as the substitute by the land, the authenticity may be recognized (see, e.g., Supreme Court Decision 95Da38240, Dec. 12, 1997). The defendant asserted that each of the above documents was forged, but there is no evidence to acknowledge it, it can be acknowledged by taking into account the whole purport of the pleadings, and there is no counter evidence.

As between B and March 31, 2010, the Plaintiff entered into a credit guarantee agreement between B and B with respect to the credit guarantee obligation to be loaned by a financial institution (hereinafter “instant credit guarantee agreement”) with the credit guarantee principal as of March 31, 2015 and the credit guarantee period as of March 31, 2015, and issued a credit guarantee certificate to B, and B borrowed KRW 6,430,000 from C Co., Ltd (hereinafter “C”).

B. At the time of the instant credit guarantee agreement, the Defendant jointly and severally guaranteed the indemnity liability owed by B to the Plaintiff.

C. After that, B caused a credit guarantee accident due to delay of principal and interest on November 6, 2012, and the Plaintiff subrogated to C on February 5, 2013 the total of KRW 6,430,000 of the loan principal and interest of KRW 169,787,00, in accordance with the said credit guarantee, and the amount of KRW 52,084 on the same day was recovered and appropriated for the payment by subrogation, thereby causing a final amount of KRW 21,00,000.

The agreed rate of damages for delay incurred by the plaintiff's subrogation is 15% per annum from January 1, 201 to July 31, 2013 and 12% per annum from the following day.

2. According to the above facts of recognition as to the cause of the claim, the defendant shall be jointly and severally with the plaintiff, unless there are special circumstances.

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