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(영문) 서울중앙지방법원 2018.05.16 2017가단5226059
구상금 등 청구의 소
Text

1. As to the Plaintiff, Defendant A and B jointly and severally KRW 164,345,425 and KRW 163,309,595 among them, Defendant A and B shall be jointly and severally liable for payment of KRW 163,309,595.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) on October 27, 2014 with a view to securing the payment of the principal and interest of a loan from the Agricultural Bank of Korea, to guarantee the repayment of the principal and interest of a loan. The credit guarantee agreement was changed on October 30, 2015 to 161,50,000 won, and the credit guarantee principal was changed to 161,50,000 won, and the guarantee term was October 27, 2017.

(hereinafter “instant credit guarantee agreement”). When entering into the instant credit guarantee agreement, Defendant A agreed to pay additional guarantee fees in addition to the rate calculated by adding 5/100 per annum to the amount of subrogated payment paid by the Plaintiff to the Plaintiff and the amount of delay damages determined by the Plaintiff from the date of subrogation to the date of repayment of the amount of subrogated payment paid by the Plaintiff and the amount of subrogated payment to the said bank, ② the legal procedure expenses (provisional payment) incurred by the Plaintiff in order to enforce or preserve its rights, ③ the fee rate of 5/100 per annum.

B. On October 27, 2014, Defendant A, the representative director of Defendant A, guaranteed the indemnity liability owed by Defendant A to the Plaintiff in accordance with the instant credit guarantee agreement.

C. On October 31, 2014, Defendant A received a loan of KRW 200,000,000 from the Nonghyup Bank as collateral in accordance with the Credit Guarantee Agreement issued by the Plaintiff.

On August 17, 2017, when the credit guarantee accident that was settled in bankruptcy on August 17, 2017 occurred, the Plaintiff subrogated to the Nonghyup Bank Co., Ltd. for the settlement of the principal (=161,50,000 won interest of KRW 1,809,595) on November 13, 2017, the Plaintiff paid the principal amount of KRW 163,309,595.

E. Of the legal procedure costs incurred by the Plaintiff for the enforcement and preservation of the claim for indemnity, the outstanding amount is KRW 858,850, and the outstanding amount among the additional guarantee fees under the credit guarantee agreement of this case is KRW 176,980.

On the other hand.

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