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(영문) 서울중앙지방법원 2014.01.24 2013가합517667
구상금 등 청구의 소
Text

1. Defendant A’s KRW 292,012,972 among the Plaintiff and KRW 38,088,80 among the Plaintiff, the Defendant A’s KRW 292,01,00 from March 29, 2013, and KRW 252,731,964.

Reasons

1. Facts of recognition;

A. On April 6, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A, which operates a F Company, with the term of April 6, 2009, up to KRW 250 million of the principal guaranteed and the term of April 6, 2010 of the term of guarantee (i.e., change to April 5, 2013). Defendant A received a loan of KRW 250 million from Korea bank as security on April 7, 2009.

(hereinafter “One Guarantee.” On August 5, 2011, the Plaintiff entered into a credit guarantee agreement with Defendant A with the term of August 3, 2012 (i.e., the change to the term of August 2, 2013) by which the principal of the guaranteed principal was KRW 37.6 million, and the term of guarantee was August 3, 2012. Defendant A received a loan of KRW 47 million from a new bank on its security on August 5, 2011.

The second guarantee is called ‘the second guarantee'.

(2) According to each credit guarantee agreement, Defendant A paid damages for delay calculated by dividing the Plaintiff’s subrogated payment and its payment from April 17, 2003 to November 30, 2012 by the rate determined by the Plaintiff (14% per annum for each period from April 17, 2003 to November 30, 2012; 16% per annum for three months; 12% per annum for three months after December 1, 2012; 2.3% per annum for executing or preserving claims for indemnity; and 30% per annum for 67 days from February 14, 2013 to 30, 207 to 30, 207, 306, 300 won per annum for payment by subrogation, 306, 47, 205, 306, 305, 208, 306, 308, 204, 208, 305, 294, 285, 28.

The Plaintiff spent KRW 1,192,140 to preserve the claim for reimbursement.

C. Defendant A.

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