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(영문) 대구지방법원김천지원 2015.10.22 2015가단126
구상금
Text

1. The part against Defendant B among the instant lawsuit is dismissed.

2. Defendant A Co., Ltd. shall be C, D, and E.

Reasons

1. Determination as to the claim against Defendant A corporation

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the claim against the defendant B

A. Basic facts 1) On June 29, 2001, the Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant Company”).

The credit guarantee agreement between the Defendant Company and the principal of the credit guarantee amounting to KRW 250 million, and the term of the credit guarantee amounting to June 29, 2001 to June 28, 2002 (hereinafter “the credit guarantee agreement of this case”) provides a credit guarantee agreement with the effect that the performance of the obligation to repay loans to the national bank stores in the border area of the Korean Bank (hereinafter “the Defendant Company”).

(2) On September 15, 2004, Defendant Company C, Defendant B, and Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed the Defendant Company’s liability for reimbursement against the Plaintiff. Since then, the guarantee period of the instant credit guarantee contract was extended. (2) On June 24, 2004, the Defendant Company delayed payment of the principal and interest of the said loan, and the Plaintiff subrogated for KRW 228,802,191 in total to the National Bank of Korea Co., Ltd. on September 15, 2004.

3) Meanwhile, as of November 13, 2014, the amount of the Plaintiff’s claim for indemnity against the Defendants as of November 13, 2014 is the amount calculated by deducting KRW 31,668,436 from the amount of the subrogated payment of KRW 1,07,121,65 won (i.e., provisional payment of KRW 1,079,556 by subrogation of KRW 197,133,755 by subrogation of KRW 228,802,191.

The damages are 348,908,344 won. The damages for delay determined with respect to the amount of indemnity subrogated by the Plaintiff are 15% per annum. 4) The Plaintiff filed against the Defendant B a claim against the Defendant for payment of the amount of indemnity under the credit guarantee contract of this case, “Defendant B shall pay the Plaintiff 234,600,40 won and 228,802,191 won per annum from October 20, 2004 to the day of full payment.” The above payment order is the payment order on November 9, 2004, with the purport that “The Plaintiff shall pay the Plaintiff 234,60,40 won and 228,802,191 won per annum from October 20 to the day of full payment.”

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