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(영문) 서울중앙지방법원 2015.09.16 2015가합520551
구상금
Text

1. As to the Plaintiff, Defendant A and B jointly and severally KRW 257,268,230 and KRW 257,008,580 among them, Defendant A and B shall be jointly and severally liable for payment of KRW 257,268,230.

Reasons

1. Facts of recognition;

A. On June 30, 2014, the Plaintiff entered into a credit guarantee agreement between Defendant A Co., Ltd. (hereinafter “Defendant A”) and Defendant B, the representative director of the said Defendant, under which the credit guarantee principal is 255,00,000,000 and June 29, 2015, with the credit guarantee term from June 30, 2014 to June 29, 2015. On the same day, the Plaintiff issued a credit guarantee agreement between Korea Bank Co., Ltd., Ltd. (hereinafter “Korea Bank”), a lending bank (hereinafter “Korea Bank”), a lending bank, a guarantee number E, 25,000,000, the guaranteed amount, Defendant A, and the guarantee term, June 29, 2015, and the estimated amount, 300,000,000.

B. According to Article 10 of the above Credit Guarantee Agreement, the scope of repayment of Defendant A and B is the amount of the Plaintiff’s performance of the guaranteed obligation, damages for delay calculated by the interest rate (12%) determined by the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, and expenses incurred in the preservation of rights acquired from the performance

C. Defendant A was granted a loan from our bank on the basis of the above credit guarantee agreement, but on October 4, 2014, a credit guarantee accident stipulated in the above agreement occurred due to natural substances.

Accordingly, on December 30, 2014, the Plaintiff paid 260,100,558 won to the Bank on behalf of the Bank to perform the guaranteed obligation.

After that, the remaining amount of subrogation remaining after the Plaintiff recovered KRW 3,091,978 out of the above subrogated amount (=257,008,58 won - 3,091,978 won). The final delay damages for the above recovery amount are KRW 1,016 won, and the remaining expenses for the remainder after the Plaintiff recovered part of the legal procedure expenses (payment by subrogation) incurred for the performance of the above guaranteed obligation are KRW 258,634.

E. On July 31, 2014, Defendant B entered into a mortgage agreement with Defendant C on KRW 80,000,000 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) and the debtor as Defendant B and the mortgagee C (hereinafter “instant first agreement”).

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