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(영문) 서울중앙지방법원 2015.08.25 2013가합508878
구상금등
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 218,620,404 and KRW 218,467,685 among them.

Reasons

1. Facts of recognition;

A. Credit guarantee and joint and several sureties 1) The Plaintiff Company A (hereinafter “Defendant Company”).

As to the obligation to be loaned by the Defendant Company from an enterprise bank, the credit guarantee agreement between the Defendant Company and the term of June 29, 201 (hereinafter “instant credit guarantee agreement”) set forth as the credit guarantee principal 285,00,000, and the term of guarantee as of June 29, 2011.

A) A credit guarantee was concluded and issued. On June 30, 2010, Defendant Company received a loan of KRW 300,000 from a corporate bank as collateral for the above credit guarantee, and thereafter, the credit guarantee amount under the credit guarantee agreement of this case was changed to KRW 243,00,000,000, and the term of guarantee was June 28, 2013. (2) According to the credit guarantee agreement of this case, the Plaintiff pays by subrogation when the Defendant Company is unable to repay its loan obligations, and the Defendant Company pays to the Plaintiff the amount of the subrogated payment and the damages for delay calculated at the rate (12%) as determined by the Plaintiff from the date of the subrogation to the date of full payment, as well as the expenses paid by the Plaintiff in order to enforce or preserve its rights.

3) Defendant B jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff pursuant to the instant credit guarantee agreement. B. The Plaintiff’s subrogation and finalized damages 1) Defendant Company lost the benefit of the period for the above loan obligations due to this natural body on November 30, 2012.

On December 27, 2012, the Plaintiff paid 245,260,925 won to a corporate bank as the principal and interest of loans.

2) The Plaintiff collected KRW 835,520 on December 27, 2012 from Defendant Company and Defendant B, KRW 18,00 on December 27, 2012, KRW 18,00,00 on December 27, 2012, KRW 7,948,150 on February 20, 2013, KRW 9,570 on February 26, 2013, and KRW 218,467,685 on February 26, 2013 ( KRW 245,260,925 - KRW 835,520 on behalf of the Plaintiff and KRW 18,00,00 on KRW 7,948,150 on KRW -9,570 on February 3, 2017) from the Plaintiff’s company and Defendant B, respectively, and the amount of the amount paid by the Plaintiff during the collection is as follows:

(1) 5,917 won = 18,00,000 won ¡¿ 12% ¡¿ 12% ¡¿ 1/365 day.

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