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(영문) 부산지방법원 2016.09.13 2016가단321950
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 33,580,490 won and 32,718,673 won among them.

Reasons

1. Facts of recognition;

A. On August 21, 2003, the Plaintiff provided credit guarantee for the obligation to repay the principal and interest of loan to Defendant A, who received a loan of KRW 50 million from the former Choung Bank.

Defendant B and C jointly guaranteed the obligation owed by Defendant A to the Plaintiff under the aforementioned credit guarantee agreement.

B. Defendant A did not pay the principal and interest of loan, and on February 27, 2006, the Plaintiff subrogated the bank for KRW 52,465,753.

C. The rate of delay damages stipulated in the credit guarantee agreement is 17% per annum, and the defendant A repaid KRW 6,621,110 out of the amount of subrogation, and the amount of final delay damages is 217,983.

On June 28, 2006, the Plaintiff filed a lawsuit against the Defendants for the amount of subrogated and final delay damages with Busan District Court Decision 2006Da48010, and the above court rendered a judgment on June 28, 2006 that “the Defendants jointly and severally paid to the Plaintiff the amount of KRW 46,062,626, and KRW 45,84,643 from February 27, 2006 to May 12, 2006, the amount of KRW 17% per annum from the next day to the day of full payment, and KRW 20% per annum from the next day to the day of full payment.” The above judgment became final and conclusive on July 26, 2006.

E. Defendant A et al. additionally repaid KRW 13,125,970, and the current fixed delay damages amounted to KRW 861,817.

F. The Plaintiff filed the instant lawsuit on June 2, 2016 for the interruption of extinctive prescription, when the period of extinctive prescription for the claim for reimbursement was imminent.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of determination, the defendants jointly and severally do so to the plaintiff 3,580,490 won (= Principal 32,718,673 won (= Principal 45,84,643 won - Repayment 13,125,970 won) and 861,817 won for fixed delay damages) and 32,718,673 won among them, according to the agreed rate, 17% per annum from February 27, 2006 to May 12, 2006 and as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 13, 2006 to September 30, 2015.

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