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(영문) 서울중앙지방법원 2018.06.21 2017가단5084422
구상금 등
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 97,343,078, as well as KRW 97,343,032 as to the Plaintiff’s KRW 97,343,032 as of April 18, 2017.

Reasons

1. The facts under each of the following facts are deemed to have been led to the confession between the Plaintiff and the Defendant Company A (hereinafter referred to as “A”), B, and C. The facts under each of the above facts are acknowledged in full view of the purport of the entire pleadings as follows: (a) there is no dispute between the Plaintiff and the Defendant D; or (b) evidence Nos. 1 through 5 (including the serial number); and (c) No. 1 through 6.

A. (1) On July 27, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A and the Nonghyup Bank under the joint and several guarantee of Defendant B and C, with a view to guaranteeing the obligation of loans to Defendant A and the Nonghyup Bank. The term of guarantee was changed to July 26, 2016 thereafter on July 26, 2017. (2) At the time of the said credit guarantee agreement, the said Defendants agreed to pay damages at the rate determined by the Plaintiff within the limit of 25% per annum as stipulated in Article 35 of the Credit Guarantee Fund Act for the amount that the Plaintiff performed after the date of performance of the guaranteed obligation. The interest rate determined by the Plaintiff is 10% per annum.

3) On July 27, 2015, Defendant A loaned KRW 120 million from the Nonghyup Bank as collateral under the credit guarantee agreement issued by the Plaintiff, but on January 23, 2017, there was an accident of guaranteeing that the Plaintiff would lose the benefit of time on January 23, 2017. 4) Accordingly, the Plaintiff paid the principal and interest of the Nonghyup Bank amounting to KRW 97,514,435 ( principal and interest of KRW 96 million) to the Nonghyup Bank on April 18, 2017, and collected KRW 171,403 won from the Defendants and collected KRW 171,403 from the Defendants, and the balance of the subrogated repayment amount is KRW 97,343,032.

On the other hand, the final and conclusive damages incurred as a result of appropriating the amount to repay the principal amount (=171,493 won x 0.1 x 1/365 days, and less than won).

B. Defendant A’s relationship between Defendant A and E is a real operator of Defendant A and a personal business chain F, and Defendant A’s representative director is his father; Defendant A’s transaction between Defendant D and Defendant A and Defendant A from 2013.

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