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(영문) 서울중앙지방법원 2016.06.09 2014가단5297838
구상금 등
Text

1. Defendant A, B, and C are jointly and severally liable to the Plaintiff for KRW 73,357,657 and KRW 73,298,290 among them.

Reasons

1. Determination as to the claim against Defendant A, B, and C

A. 1) Credit guarantee and joint and several sureties A Co., Ltd. (hereinafter “A”)

(C) The Defendant B and C (hereinafter referred to as the “C”) have been granted credit guarantee for the two loans extended from the Industrial Bank of Korea as listed below, and under the above credit guarantee agreement, as to the liability for indemnity against the Plaintiff by the Defendant A.

1) The Defendant, on May 8, 201, 201. (No. 36,000,000) 30320,000 (amended 36,00,000,000) loan funds for small and medium enterprises 30320,0328, 2030328, a joint and several surety for the credit guarantee term agreement for the loan of the loan of the loan of the amount of guarantee number 138,00,000 won (amended 36,00,000)

2. B Defendant;

3. (State) The Bank of Korea, on May 12, 2010, notified the Plaintiff of the occurrence of a credit guarantee accident on July 14, 2014, as the Defendant A, who had a credit guarantee accident, lost its payment due to the delay in performing the above loan obligation, the Bank of Korea notified the Plaintiff of the occurrence of the credit guarantee accident on July 14, 2014, including the Plaintiff’s performance of the Plaintiff’s guarantee liability, of KRW 257,00,000 (amended to KRW 36,00,000) 30,000,000 (amended to KRW 36,000,000) 3020,000,0000 (amended to KRW 36,000,000) 16,689,261,236,0000,000,000 won as the aggregate of the loan and interest of loan, KRW 36,639,79,297.

The overdue interest of Defendant A on the amount of indemnity by subrogation of the Plaintiff is 12% per annum.

[Ground of recognition] Facts without dispute, Gap 1 through 11, purport of the whole pleadings

B. According to the facts of the determination as above, Defendant A is the principal obligor of indemnity liability arising from the Plaintiff’s subrogation, and Defendant B and C are joint and several suretys, and jointly and severally, Defendant B and C are 73,357,657 won in total (=73,298,290 won in total) and the cost of compensating for the amount of subrogated and the amount of subrogated and KRW 73,298,290 in total, and the date of final delivery of the instant complaint from October 13, 2014, which is the date of subrogation.

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