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(영문) 부산지방법원동부지원 2016.11.02 2016가단203959
구상금
Text

1. The Defendant’s KRW 276,639,012 and KRW 274,203,462 among the Plaintiff and the Plaintiff’s KRW 274,203,462 from December 14, 2015 to January 31, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a guarantee agreement (hereinafter “instant guarantee agreement”) with B Co., Ltd. (hereinafter “B”), as listed below, and the Defendant jointly and severally guaranteed the Plaintiff’s indemnity obligation under each of the following guarantee agreements:

On April 17, 2009, the Industrial Bank of Korea of Small and Medium Enterprise Loan on December 11, 2015, 2015, the Guarantee Guarantee Guarantee Guarantee Guarantee Guarantee Guarantee Deposit Deposit Account C 300,000,000 won.

B. According to the instant guarantee agreement, in the event that B made a payment by the Plaintiff on behalf of B due to the occurrence of a credit guarantee accident, such as the principal in arrears, B and the Defendant, which is the joint guarantor, agreed to pay the amount of subrogation, damages for delay at the interest rate determined by the Plaintiff from the date of subrogation to January 31, 2016 (12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from February 1, 2016), an attempted penalty from the date following the due date of subrogation until the date of payment, and the costs for legal procedure incurred by the Plaintiff to compensate for

C. B caused a credit guarantee accident by the seizure of a workplace due to nonperformance. At the request of the Industrial Bank of Korea, the Plaintiff subrogated as follows. On the other hand, from December 12, 2015, the following day following the due date of guarantee to December 13, 2015, the penalty for attempted penalty of 26,630 won and the legal procedure costs of 2,408,920 won were incurred.

On December 14, 2015, the total sum of the amount of subrogated interest and subrogation interest of the source as of the date of subrogated payment with the guarantee number: (a) KRW 4,200,000,200,203,462 Won 274,203,462 [based on recognition] did not dispute; (b) entry in Gap's 1 through 6 (including each number of branches if any); and (c) the purport of the whole pleadings.

2. According to the facts of the above determination, the Defendant’s subrogation amount of KRW 276,639,012 (=274,203,462 of the subrogated amount of KRW 26,630 of the penalty by subrogation) and the amount of subrogated payment of KRW 274,203,462 of the penalty by subrogation is the date of subrogation for the Plaintiff.

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