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(영문) 대전지방법원천안지원 2020.12.22 2020가단111952
구상금
Text

1. The Defendants jointly and severally agreed with the Plaintiff as to KRW 92,829,835 and KRW 92,828,476, respectively, from August 2, 2019, and the Defendant.

Reasons

1. Facts of recognition;

A. Defendant A limited partnership company (hereinafter “Defendant A”) is a limited partnership company with the purpose of carrying out reinforced concrete construction business, etc., and Defendant B is a representative member and a general partner, and Defendant D is a limited partner of Defendant A.

B. On August 25, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A, which covers the credit guarantee principal of KRW 90,100,00,00, and up to August 23, 2017 (hereinafter “the instant credit guarantee agreement”), and Defendant B and C jointly and severally guaranteed the Defendant’s obligation to the Plaintiff based on the instant credit guarantee agreement.

C. Under the instant credit guarantee agreement, Defendant A was loaned KRW 106,00,000 from E Association’s general funds.

Defendant A delayed the repayment of the above principal and interest of the E Union and caused a credit guarantee accident. On August 2, 2019, the Plaintiff repaid the amount of KRW 92,926,966 in subrogation of the Defendant A (i.e., the principal amount of KRW 90,100,000, KRW 2,826,966) to E Union.

E. The Plaintiff recovered KRW 98,490 from Defendant A, and the final damages for the amount recovered are KRW 1,359.

The interest rate on the amount of indemnity determined by the Plaintiff pursuant to the credit guarantee agreement of this case is 9% per annum from March 1, 2019.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the facts found above, Defendant A as the principal debtor, Defendant B and C are obligated to repay the amount of indemnity to the Plaintiff as a joint and several surety, and Defendant D is deemed to have led to the Plaintiff’s assertion (which is jointly and severally liable for the payment of the said amount by Defendant A as a limited partner).

Therefore, the Defendants jointly and severally liable to the Plaintiff for reimbursement amounting to KRW 92,829,835 [the amount of reimbursement = KRW 92,828,476 (i.e., the amount of subrogated reimbursement amounting to KRW 92,926,966-the recovered amount to KRW 98,490)] and the amount of reimbursement to KRW 92,828,476, whichever is the date of subrogated payment, is obvious from August 2, 2019 to the date when the duplicate of the complaint in this case was served on the Defendants.

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