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(영문) 대전지방법원 2015.11.26 2015가단220945
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 507,398,176 and KRW 483,228,856 among the Defendants.

Reasons

1. Facts of recognition;

A. On June 7, 201, A operating C entered into a credit guarantee agreement with the Plaintiff on June 7, 201 under the joint and several guarantee of the Defendants, including the principal of the credit guarantee principal of KRW 473,00,000, and the credit guarantee period of June 6, 2014.

B. On June 7, 201, pursuant to the aforementioned credit guarantee agreement, the Plaintiff issued to a new bank a guarantee of guarantee of KRW 473,000,000 for the guaranteed amount.

C. A was granted a loan of KRW 473,00,000 from a new bank in accordance with the above guarantee certificate, but on June 10, 2014, a credit guarantee accident occurred due to delay in repayment of principal and interest.

On October 1, 2014, the Plaintiff subrogated for KRW 483,228,856 to the new bank according to the credit guarantee agreement.

E. Article 10 of the above Credit Guarantee Agreement provides that a client and a joint guarantor shall pay to the Plaintiff the amount of performance of the Plaintiff’s guaranteed obligation, additional guarantee fees, costs incurred in legal procedures, and damages for delay at the rate determined by the Plaintiff.

Accordingly, the additional guarantee fee is KRW 20,118,690, and the cost required for the legal procedure is KRW 4,050,630, and the rate of delay damages is 12% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. According to the above facts of determination, the Defendants are jointly and severally obligated to pay to the Plaintiff the amount of KRW 507,398,176, which is the sum of the subrogated payment, additional guarantee fee, and substitute payment, and KRW 483,228,856, which is the date of subrogation, 12% per annum, which is the interest rate for delay of agreement, from October 1, 2014 to August 20, 2015, which is the date of the last delivery of the complaint in this case, and 20% per annum, which is the interest rate before the reduction under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, from the next day to September 30, 2015, and 15% per annum, which is the interest rate of KRW 15% per annum, which is the legal interest rate after the reduction under the above Act

As to this, the Defendants were at the location where A must obtain a credit guarantee at the time, and the Plaintiff was at an unfair level.

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