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(영문) 서울중앙지방법원 2014.11.21 2014가합562282
구상금
Text

1. The Defendants jointly and severally liable to the Plaintiff for KRW 602,874,306 and KRW 600,067,895 from December 19, 2013 to Defendant A.

Reasons

1. Indication of claim;

A. On January 30, 2012, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a credit guarantee agreement between the Plaintiff and the Plaintiff with the amount of KRW 90,000,000, and Defendant B jointly and severally guaranteed the obligation owed by the Defendant Company to the Plaintiff pursuant to the said credit guarantee agreement.

B. The Defendant Company received a loan of KRW 1.1 billion from the Industrial Bank of Korea as security, and thereafter, the Defendant Company lost the benefit of time due to delinquency in paying the principal and interest of the loan.

C. On December 19, 2013, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 605,216,413 (i.e., principal KRW 587,19,142 and interest KRW 18,017,271). Meanwhile, on December 19, 2013, the Plaintiff recovered KRW 5,148,518 from the Defendant Company, and on December 19, 2013, collected KRW 1,692 as to the collected amount, and paid KRW 2,804,719 as legal procedure expenses.

At present, the rate of delay compensation for the plaintiff is 12% per annum.

E. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the total amount of KRW 602,874,306 [=60,067,895 won by subrogation (=605,216,413 won - 5,148,518 won by subrogation) and damages for delay.

2. Judgment with no applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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