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(영문) 수원지방법원안양지원 2015.06.25 2015가합507
구상금 등
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 355,176,312 and KRW 156,963,056, respectively, from October 28, 2014, and from 196.

Reasons

1. Facts of recognition;

A. On September 11, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”); ① on September 10, 2013, the guaranteed amount of KRW 170,000,000; and ② on June 11, 2013, the guaranteed amount of KRW 207,00,000; and the guaranteed period of KRW 10,000,000 (which is extended to June 10, 2015) respectively; and on June 10, 2014, Defendant B guaranteed the obligation owed by the Defendant Co., Ltd to the Plaintiff under the respective credit guarantee agreement.

At the time of the aforementioned credit guarantee agreement, the Defendants agreed to pay the amount of performance and the rate determined by the Plaintiff (12% per annum from December 1, 2012 to December 1, 2012) as well as damages for delay and legal procedural costs.

B. The Defendant Company submitted a credit guarantee agreement issued by the Plaintiff pursuant to the credit guarantee agreement on September 11, 2012, and received a loan of KRW 200,00,000 from the Industrial Bank of Korea's tin waters branch on September 25, 2012. Under the credit guarantee agreement on June 11, 2013, the Defendant Company borrowed KRW 230,000,000 from the Korean Bank's 6 branch offices around that time in the same manner under the credit guarantee agreement on June 11, 2013. However, on October 17, 2014, the Defendant Company suffered a credit guarantee accident on the ground of the closure of business.

On October 28, 2014, the Plaintiff paid to the Industrial Bank of Korea a total of KRW 160,839,066, total of the principal and interest of the Defendant company’s remaining principal and interest of the Defendant company, and on October 30, 2014, the Plaintiff paid a total of KRW 196,477,017 by subrogation to Korea.

C. In relation to subrogation for the Industrial Bank of Korea, the Plaintiff collected KRW 3,876,010 in total, including KRW 2,084,380 on October 28, 2014, KRW 2014, KRW 10,30, KRW 10, KRW 10, KRW 10, KRW 176,056 (=160, KRW839,066- - KRW 3,876,010), and the remainder of the amount of indemnity at present is KRW 156,963,056 (i.e., KRW 160,839,066- - KRW 3,876,010). The amount of finalized damages due to partial recovery is KRW 2,452,

【Partial grounds for recognition】 The fact that there is no dispute, and all entries and arguments in Gap’s evidence of subparagraphs 1 through 8.

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