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(영문) 서울중앙지방법원 2015.10.02 2015가합544656
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 302,687,200 and KRW 301,531,50 among the Defendants, from May 21, 2015 to August 12, 2015.

Reasons

Description of Claim

With respect to an export credit guarantee agreement entered into with Defendant A on March 27, 2014 under Defendant B’s joint and several surety, the Plaintiff sought payment of the amount of subrogation and the amount of compensation for delay on the ground that the Plaintiff performed the duty of subrogation under the said guarantee agreement to the Korea Exchange Bank on May 20, 2015 (hereinafter “Korea Exchange Bank”) for the payment of the amount of subrogation and the amount of compensation for delay for the amount of subrogated payment to the Defendants (i.e., the amount of subrogated payment of KRW 302,687,200 in total (i.e., the amount of subrogation of KRW 301,531,50

Pursuant to Articles 208(3)1 and 257(1) of the Civil Procedure Act of the applicable provisions of the Acts, the statutory interest rate under Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings in Part of Partial Dismissals (Presidential Decree No. 26553), and Article 2(2) of the Addenda of the same Act, the portion of the claim for damages for delay seeking payment in excess of the rate of 15% per annum after October 1, 2015 is dismissed.

(Provided, That Article 98 and the proviso to Article 101 of the Civil Procedure Act shall apply to the bearing of litigation costs)

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