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(영문) 서울서부지방법원 2015.09.11 2014가단231708
구상금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) from June 13, 2014 for KRW 444,310,030 and KRW 442,493,263 among them; (b)

Reasons

1. Facts of recognition;

A. The defendant A Co., Ltd. (hereinafter "the defendant Co., Ltd.") borrowed each of the amounts of loan in the column for the following table loans from the Gwangju Bank. The defendant Co., Ltd. (hereinafter "the defendant Co., Ltd.") concluded each of the credit guarantee agreements with the plaintiff under the joint and several guarantee of E as listed in the following table, and received each of the credit guarantee agreements with the plaintiff as listed in the following table on each guarantee date:

Serial Bank No. 1F-09-1300,000,000 270,000 2014-09-12,000 2014-09-2626,800,000 2013-26,800, Gwangju Bank 2013-00,980,000 49,980,000,00 2015-00 2015-03-25 2013-03-29, 2013-03-29, 3H-2013-29, Gwangju-205-203-205-2030-2305-2030-14, 2005-205-2301-30, 205-17-17-29, 2003-13-29-201-30

B. Upon entering into the above credit guarantee agreement, the Defendant Company agreed to pay to the Plaintiff the amount of the performance of the guaranteed obligation and the amount of damages calculated by multiplying the amount of the performance of the guaranteed obligation by the rate set by the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the said amount, expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, and other incidental charges

The rate of damages for delay determined by the Plaintiff is 12% per annum from December 1, 2012 to the date.

C. According to the Maritime Ombudsman claiming the Plaintiff to discharge the guaranteed obligation due to the occurrence of a credit guarantee accident against the Defendant Company, the Plaintiff paid the Plaintiff totaling KRW 442,493,263 on June 13, 2014 to the Gwangju Bank.

The plaintiff paid a total of KRW 1,440,527 by subrogation to preserve the claim against the defendant company, but from the defendant company.

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