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(영문) 서울중앙지방법원 2016.09.01 2015가단5397261
구상금
Text

1. As to the Plaintiff, Defendant A, B, and C’s joint and several KRW 45,970,206 and KRW 45,831,130 among them, Defendant A, B, and C’s joint and several liability.

Reasons

1. Determination on the claim for indemnity

(a) fact of recognition 1) Defendant A (hereinafter referred to as “Defendant Company”);

(2) In order for the Plaintiff to obtain a loan of KRW 50,000,000 from a new bank (Hanam Branch), the Plaintiff entered into a credit guarantee agreement between the Defendant Company on February 7, 2013 (hereinafter “instant guarantee agreement”) between the Defendant Company and the guarantee period of KRW 45,00,000,000, and until February 6, 2014.

(2) Defendant B and C have jointly and severally guaranteed the obligation of the Defendant Company under the instant guarantee agreement.

3) Following the occurrence of a guarantee accident where the Defendant Company was unable to repay the loans to the said bank, the Plaintiff subrogated the said bank to pay KRW 45,831,130 ( principal KRW 45,00,000) on November 24, 2015 (interest of KRW 831,130). 4) Under the credit guarantee agreement of this case, the obligor and the joint guarantor shall reimburse the Plaintiff’s expenses for preserving the claim in addition to the Plaintiff’s performance amount, and the amount of the performance of the guaranteed obligation shall be paid from the date of the repayment of the guaranteed obligation to the date of the repayment of the damages according to the rate set by the Plaintiff. The Plaintiff applies the annual interest rate of KRW 12% from December 1, 2012.

5) As of the date of the closing of argument in the instant case, the costs of preserving claims, which was disbursed by the Plaintiff, but failed to be recovered, are KRW 139,076. [The purport of each of the evidence Nos. 1, 2, 3-1, 2, and 4-7 evidence Nos. 1, 3-2, and 7

B. According to the above facts of determination, the defendant company, the defendant B, and the defendant C are jointly and severally liable to pay to the plaintiff the amount of KRW 45,970,206 (the amount of subrogated reimbursement of KRW 45,831,130 and the amount of KRW 139,076) and the amount of subrogated principal of KRW 45,831,130 among them, which is clearly recorded from November 24, 2015, which is the date of subrogation, to April 6, 2016, the amount of delay interest rate of KRW 12% per annum and the amount of delay damages calculated at 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

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