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(영문) 서울중앙지방법원 2019.02.19 2018가단5040986
구상금
Text

1. The Plaintiff:

A. Defendant B, as well as KRW 34,628,912, and as to this, from April 19, 2013 to March 30, 2018.

Reasons

1. Basic facts

A. On October 28, 2011, the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant B”) concluded a ceiling transaction agreement with the guarantee limit of KRW 2,556,450,00 and the contract period from October 28, 201 to October 27, 2014 (hereinafter “instant ceiling transaction agreement”). Defendant C jointly and severally guaranteed the obligation under the instant ceiling transaction agreement.

B. On October 5, 2012, according to Defendant B’s application for the guarantee of advance payment under the instant Limit Transaction Agreement, the Plaintiff issued a guarantee creditor with respect to “Duro Corporation during D Corporation” with respect to the guarantee creditor E Company, the guaranteed amount of KRW 194,320,00, and the guarantee period from October 5, 2012 to December 10, 2014.

C. On April 19, 2013, when a guarantee accident occurred with respect to the above construction, the payment of KRW 103,770,000 to E Co., Ltd. was made.

On the other hand, on March 12, 2013, the Plaintiff acquired investment certificates (168 units, 895,026 units per unit) against the Plaintiff owned by Defendant B by exercising the right of prior reimbursement on March 12, 2013, and appropriated KRW 69,141,088, which deducted all of the appraised costs, for the amount paid as security deposit.

[Ground for Recognition] Defendant B: The fact that there is no dispute over Defendant C, each entry (including additional number) in the evidence Nos. 1 through 8, the purport of the entire pleadings, and the purport of the whole pleadings.

2. According to the above facts of determination as to the cause of the claim, Defendant B is obligated to pay to the Plaintiff the indemnity amount of KRW 34,628,912 (i.e., KRW 103,770,00, KRW 69,141,08 of the amount appropriated for the investment certificate - the amount appropriated for the investment certificate 69,1488), and to pay damages for delay calculated at the rate of 15% per annum under the Commercial Act from April 19, 2013 to March 30, 2018, which is the delivery date of the copy of the complaint of this case, and from the next day to the day of full payment, from the next day to the day of full payment, Defendant C is jointly and severally obligated to pay KRW 34,628,912 of the said amount.

3. The plaintiff's claim against the defendants is justified, and all of them are accepted.

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