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(영문) 대전지방법원 2018.04.19 2017가단225487
구상금
Text

1. The Defendant is jointly and severally with the Plaintiff as to KRW 391,974,817 and KRW 390,086,754 among them, respectively, from June 14, 2016 to June 2017.

Reasons

1. Facts recognized;

A. (1) On December 23, 2014, the Plaintiff entered into a guarantee agreement with the Defendant as to KRW 360 million of the guaranteed principal, and as to December 23, 2022 of the guarantee period (hereinafter “first guarantee agreement”). (2) On the same day, the Plaintiff entered into a guarantee agreement with the Defendant as to KRW 1170 million of the guaranteed principal, and the guarantee agreement with the guarantee period as of December 23, 2022 of the guarantee period (hereinafter “second guarantee”). B jointly and severally guaranteed the first and second guarantee agreement.

B. The Plaintiff guaranteed the repayment obligation of principal and interest to be borne by the Defendant by borrowing funds from the Industrial Bank of Korea under the first and second guarantee agreement.

C. According to the 1 and 2 guarantee agreement, the Defendant agreed to pay jointly and severally with the joint guarantor the amount of subrogation and damages for delay in accordance with the overdue interest rate applied by the Plaintiff from the date including the date of performance to the date of full payment, and the legal procedure cost incurred by the Plaintiff in order to enforce or preserve the right by discharging the guaranteed obligation.

On March 10, 2016, the Industrial Bank of Korea notified the Plaintiff of the occurrence of a credit guarantee accident due to natural substances on March 17, 2016.

E. On June 14, 2016, the Plaintiff subrogated for the principal and interest of KRW 153,680,575 related to the first guarantee, and the principal and interest of KRW 237,295,19 related to the second guarantee, and collected KRW 889,020 pertaining to the first guarantee, thereby having the Defendant claim for reimbursement amounting to KRW 390,086,754.

F. The Plaintiff’s rate of damages is 10% per annum, and the amount of damages calculated against KRW 889,020 related to the first guarantee is 242 won, and the amount of the Plaintiff’s subrogated payment is 1,887,821 won.

[Ground for Recognition: Facts without dispute, Gap 1 through 8 (including each number), the purport of the whole pleadings]

2. According to the facts of the above recognition as to the claim, the defendant, jointly and severally with the joint and several surety B, paid the plaintiff the amount of KRW 391,974,817 (i.e., the amount of KRW 390,086,754 determined as the amount of KRW 242 paid by substitute payment of KRW 1,887,821) and the amount of KRW 390,086,754 paid by the plaintiff.

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