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(영문) 수원지방법원안산지원 2015.07.08 2015가단2904
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 248,351,789 and KRW 65,659,293 among them, from February 25, 2014 to February 181.

Reasons

1. The guaranteed amount (long-term) of this case at a financial institution on the date of guarantee of the basic fact guarantee agreement: (1) The Industrial Bank of Korea of Korea on October 26, 201 ( October 27, 201, 2000,000) of the instant guarantee ( October 26, 2014, April 25, 201), as of the date of guarantee of the instant guarantee; (2) The Small and Medium Business Corporation of this case as of October 90, 200,000 on the instant guarantee (3) of this case on June 11, 2012.

A. The Plaintiff provided credit guarantee to Defendant A Co., Ltd. (hereinafter “Defendant Company”) to obtain a loan from a financial institution as follows, and Defendant B and C jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff.

When the plaintiff performs a guaranteed obligation, he shall pay the amount of the guaranteed obligation, ② the rate determined by the plaintiff from the date of performance to the date of repayment, and the amount of damages calculated by the calculation method.

B. However, there was a credit guarantee accident where the Defendant Company could not fully repay each of the above loans.

Accordingly, on February 25, 2014, the Plaintiff subrogated to the Small and Medium Business Corporation KRW 121,208,965 (interest of KRW 119,00,000 on principal, KRW 2,208,965) on behalf of the Defendant Company, and KRW 181,468,882 (interest of KRW 180,00,000 on principal, KRW 1,468,882) on behalf of the Industrial Bank of Korea on March 6, 2014.

C. Meanwhile, the Plaintiff recovered KRW 55,549,672 on May 2, 2014 regarding the instant guarantee.

Accordingly, 65,659,293 won (121,208,965 won - 5,549,672 won) remaining, and 1,223,614 won (5,549,672 won x 12% per annum x 67 days/365 days) was incurred.

The Plaintiff’s interest rate on each of the instant guarantees is 12% per annum.

[Judgment of the court below] Facts without dispute, Gap's evidence of subparagraphs 1 through 7, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally held to the Plaintiff KRW 248,351,789 ( KRW 65,659,293 KRW 181,468,882 Won 1,223,614), and KRW 65,659,293 among them.

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