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(영문) 서울서부지방법원 2019.03.13 2018가단238387
구상금
Text

1. As to KRW 152,349,027 and KRW 152,348,96 among the Plaintiff, the Defendant shall annually pay to the Plaintiff the amount of KRW 152,348,96 from September 17, 2018 to October 19, 2018.

Reasons

1. Facts of recognition;

A. On July 24, 2015, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Defendant, C, and D, under which the Defendant, C, and D’s joint and several sureties guarantees KRW 285 million out of the 300 million loaned at F Bank (95% of the guarantee rate) (hereinafter “the instant credit guarantee agreement”).

At the time, the Defendant, C, and D operated the G Hospital as E and the Dong business, and E was loaned the above KRW 300 million with the above hospital operation fund.

B. After the occurrence of a credit guarantee accident for which E applied for individual rehabilitation procedures, the Plaintiff subrogated the F Bank to KRW 152,572,618 (= Principal KRW 151,595,760, interest KRW 976,858) on September 17, 2018.

According to the credit guarantee agreement of this case, the principal debtor and the joint guarantor shall pay 61 won per annum to the plaintiff the interest and finalized damages of 10% per annum on the amount of subrogation separately from the amount of subrogation.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Determination

A. According to the above facts, the defendant, a joint guarantor, is obligated to pay interest or delay damages calculated by deducting 223,652 won from the remainder of 152,572,618 won subrogated to the plaintiff under the credit guarantee agreement of this case, which is the total of 152,348,966 won, the total of 61 won, the total of 152,349,027 won, and 152,348,966 won, which is the date of subrogation, from September 17, 2018 to October 19, 2018, which is obvious in the record that the service date of the payment order of this case is the original copy of the payment order of this case, and from the next day to the date of full payment, 10% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

B. As to this, the defendant asserts to the effect that he withdraws from the partnership relationship, and that he cannot respond to the plaintiff's claim since the principal debtor has the ability to repay, but the circumstances alleged by the defendant are joint and several sureties, and therefore the defendant's argument cannot be accepted.

3. Conclusion.

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