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(영문) 부산지방법원동부지원 2019.08.21 2019가단202209
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 40,168,590 and KRW 40,120,690 among the Defendants, from July 3, 2015 to August 31, 2015.

Reasons

1. Claim against the defendant A;

(a) Indication of claims: To be as shown in the reasons for the claims;

(However, ‘creditor' is considered as ‘Plaintiff', and ‘debtor' as ‘Defendant').

Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)

2. Claim against the defendant B

A. Facts of recognition 1) Net C (Death on April 30, 2017, hereinafter “the deceased”)

(A) On April 11, 2013, the Plaintiff entered into a credit guarantee agreement with the Plaintiff, and as a security a credit guarantee certificate issued pursuant to the said credit guarantee agreement, D Co., Ltd. (hereinafter “D Bank”).

(2) At the time of the above credit guarantee agreement, Defendant B provided a joint and several surety for the deceased’s liability for reimbursement against the Plaintiff, and set the maximum amount of the surety as KRW 54,00,000.

3) On June 19, 2014, the Deceased was under a credit guarantee accident. On July 2, 2015, the Plaintiff subrogated for KRW 40,120,690 to the D Bank. 4) Meanwhile, the additional guarantee fee to be borne by the Deceased under the said credit guarantee agreement is KRW 47,900, and the rate of delay damages determined by the Plaintiff is KRW 12% per annum from July 3, 2015 to August 31, 2015, and KRW 8% per annum from September 1, 2015 to September 1, 2015.

【Reason for Recognition】 Each entry in the evidence of subparagraphs 1 through 5 (including each number), and the purport of the whole pleadings

B. According to the determination as to the cause of the claim, barring any special circumstance, Defendant B is a joint and several surety of the deceased, and as a joint and several surety of the deceased, the sum of 40,168,590 won, including the subrogated payment, to the Plaintiff jointly and severally with the Defendant A, the final heir of the deceased (=40,120,690 won additional guarantee fees of KRW 47,90), and the above subrogated payment of KRW 40,120,690, the agreed interest rate of KRW 12% per annum from July 3, 2015 to August 31, 2015, which is the day following the date of subrogated by the Plaintiff, which is the date of subrogated by the Plaintiff, to the date of delivery of the copy of the complaint in this case from September 1, 2015 to April 25, 2019, and the next day to the date of full payment shall be paid to Defendant B’s maximum amount of damages for delay calculated by 15% per annum.

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