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(영문) 서울남부지방법원 2017.04.27 2017가단201990
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for the amount of KRW 460,350,015 and KRW 457,492,745 from July 28, 2016.

Reasons

1. Facts of recognition;

A. On September 25, 2015, when Defendant A Co., Ltd. (hereinafter “Defendant A”) obtained a loan from a bank, the Plaintiff entered into a credit guarantee agreement to guarantee the principal of the guaranteed principal as to the principal and interest of the above Defendant’s loan. In addition, when the Plaintiff performed its obligation to Defendant A on behalf of the Plaintiff, the Plaintiff entered into an agreement to pay the Plaintiff the amount of the principal and interest of the Defendant’s loan, including the amount of subrogation, the damages for delay in accordance with the interest rate determined by the Plaintiff from the date of full payment until the date of full payment, the additional guarantee fee calculated by adding the interest rate set by the Plaintiff from the date following the expiration date of the payment due to the guarantee fee to the date of full payment, the legal procedure expenses incurred by the Plaintiff for preserving the Plaintiff

(hereinafter referred to as the “instant credit guarantee agreement”). B.

On September 25, 2015, Defendant B guaranteed the Plaintiff’s obligation to be borne by Defendant A in accordance with the credit guarantee agreement of this case.

(hereinafter “this case’s joint and several sureties contract”).

On September 30, 2015, Defendant A borrowed KRW 500,000,00 from one bank as collateral of the credit guarantee agreement of this case. On March 30, 2016, Defendant A delayed repayment of the principal and interest of loan to Han bank, thereby losing the benefit of time. D.

Accordingly, on July 28, 2016, the Plaintiff subrogated to Han Bank KRW 450,00,000, interest rate of KRW 7,492,745.

E. Additional guarantee fees incurred from March 31, 2016 to July 27, 2016, the date following the expiration date of the due date on which Defendant A’s guarantee fees were paid, are KRW 2,640,820, and legal procedure expenses incurred for securing the Plaintiff’s claim for reimbursement against Defendant A are KRW 216,450, and the interest rate for delay determined by the Plaintiff is 10% per annum from February 1, 2016.

[Ground of recognition] Evidence Nos. 1 through 6, the whole purport of the pleading

2. The cause of the action.

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