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(영문) 대구지방법원서부지원 2015.11.19 2013가단33823
구상금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 239,181,423 and KRW 238,83,392 among them:

B. Defendant B and Defendant B

Reasons

1. Basic facts

A. Defendant A’s claim for reimbursement against Defendant A 1) On November 2008, Defendant A entered into a credit guarantee agreement with the Plaintiff (hereinafter “instant credit guarantee agreement”).

(2) According to the first credit guarantee agreement of this case, when Defendant A performed the guaranteed obligation due to a violation of the obligation to discharge the principal obligation or aggravation of credit, etc., Defendant A agreed to reimburse the Plaintiff’s expenses incurred in preserving, transferring and exercising the Plaintiff’s right, and penalty, etc., calculated at the rate determined by the Plaintiff from the date of performance of the guaranteed obligation until the date of repayment. The Plaintiff’s rate of damages determined by the Plaintiff is 12% per annum from December 1, 2012 to the date of repayment.

3. However, on July 16, 2013, Defendant A caused a credit guarantee accident that has lost the benefit due to a breach of duty by a natural body, etc., and the Plaintiff paid to the Industrial Bank of Korea on August 20, 2013 a total of KRW 237.6 million, interest amount of KRW 239,837,632, and interest amount of KRW 239,832, and the same year from August 20, 2013.

9. up to 24.24. 238,833,392 won (=239,837,632 won - 1,004,240 won) for the remainder after recovering the sum of KRW 1,004,240 from the Defendant A to the principal and applying it to the principal. The legal procedure expenses incurred by the Plaintiff in order to preserve the claim for reimbursement are 347,472 won, and the damages incurred from the subrogation to the appropriation date of the above partial recovery amount are 559 won.

B. Defendant B Co., Ltd. and Defendant A’s indemnity claim 1) Defendant B (hereinafter “Defendant B”)

On March 16, 2010 and April 12, 2011, each credit guarantee agreement between the Plaintiff and the Plaintiff (hereinafter “instant credit guarantee agreement”).

(B) Defendant A had concluded a credit guarantee agreement and jointly and severally guaranteed the obligation of Defendant B to the Plaintiff under the said credit guarantee agreement, and Defendant B borrowed a total of KRW 1,09,000 from the Industrial Bank of Korea under the instant credit guarantee agreement. However, Defendant B borrowed a total of KRW 1,00,000 from the Industrial Bank of Korea.

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