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(영문) 서울동부지방법원 2019.05.15 2018가단114601
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 30,308,736 and KRW 30,308,718 among them, from November 7, 2016 to March 29, 2018.

Reasons

1. Facts of recognition;

A. On June 25, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and issued a credit guarantee agreement based on the agreement, which is 29,750,000 won guaranteed, and the term of guarantee on June 25, 2013 (up to June 24, 2016).

At the time of the agreement, Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed all the obligations of the Defendant Company to the Plaintiff.

B. According to the above credit guarantee agreement, when the plaintiff performed a guaranteed obligation, the defendant company should pay to the plaintiff additional guarantee fee calculated by adding the rate of guarantee fee determined by the plaintiff to the amount subrogated by the plaintiff, and the amount calculated by the calculation method, the expenses incurred in the performance of the guaranteed obligation, and the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, and the expenses incurred in the preservation, transfer, and exercise of the right

C. Around that time, Defendant Company borrowed KRW 29,750,000 from C Bank as collateral for the Plaintiff’s credit guarantee.

On the other hand, Defendant Company lost profits due to the nonperformance of obligation to Cbank, but did not pay the principal and interest of loan. On November 7, 2016, the Plaintiff subrogated 30,376,578 won for the principal and interest of loan pursuant to credit guarantee to Cbank, and thereafter, 18 won for finalized damages was incurred by recovering 67,860 won and appropriating it for the amount of subrogation.

E. The rate of damages determined by the Plaintiff with respect to the amount of subrogated payment is 10% per annum from February 1, 2016 to then.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. Judgment on the parties' arguments

A. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendants jointly and severally paid the amount of 30,308,736 won for indemnity to the Plaintiff (=30,376,578 won for subrogation - KRW 67,860 for recovery) and the date of subrogation for this.

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