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(영문) 광주지방법원순천지원 2015.09.17 2015가단70284
구상금
Text

1. The Defendants jointly and severally committed against the Plaintiff as to KRW 80,735,317 and KRW 80,735,180 among them, from November 18, 2014.

Reasons

1. Facts of recognition;

A. On June 30, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) whereby the guarantee limit is KRW 80 million, and the term of guarantee is extended by June 29, 2010 (after that, until November 21, 2014), and Defendant B and C jointly and severally guaranteed the guarantee limit.

B. Since then, the Defendant Company received a loan of KRW 100 million from the Industrial Bank of Korea, but failed to repay the loan. Under the aforementioned credit guarantee agreement, the Plaintiff paid the Industrial Bank of Korea the amount of KRW 80,774,610 on November 18, 2014 to obtain the Defendant’s indemnity claim against the Defendants by subrogation.

C. On November 18, 2014, the Plaintiff recovered KRW 22,210, and KRW 17,220 on December 17, 2014 from the Defendant Company to offset the claim for reimbursement. Meanwhile, on the other hand, KRW 137 of the final amount of the collected amount occurred.

Accordingly, the Plaintiff’s claim for indemnity against the Defendants is 80,735,317 won in total (=80,774,610 won in subrogation) - amounting to 22,210 won in recovery - amounting to 17,220 won in final and conclusive damages of KRW 137).

The rate of damages for delay stipulated in the above credit guarantee agreement is 12% per annum since December 1, 2012.

[Ground of Recognition] Facts without dispute, entry in Gap's evidence 1 to 4 (including each number), the whole purport of pleading (for defendant corporation A and B, each service by publication)

2. Determination:

A. According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff the amount of indemnity and the damages for delay.

B. As to this, Defendant C stated a joint and several surety in a credit guarantee agreement with the term of guarantee until June 29, 2010. However, Defendant C did not agree to extend the term of guarantee to November 21, 2014. Thus, Defendant C’s credit guarantee accident occurred after the original term of guarantee is not liable for the joint and several surety.

However, according to the statement of Gap evidence No. 5 (pre-written consent), defendant C has to guarantee the above credit guarantee agreement around November 2010.

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