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(영문) 부산지방법원동부지원 2019.06.26 2017가단220531
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 45,586,473 and KRW 45,473,673 from November 20, 2017 to November 20, 2018.

Reasons

1. Facts of recognition;

A. On September 16, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) with a joint and several surety (hereinafter “instant credit guarantee agreement”) whereby the guaranteed principal is KRW 45,00,000, and the term of guarantee is up to September 19, 2016 (hereinafter “the instant credit guarantee agreement”). If the Plaintiff fulfills the liability for guarantee, the Plaintiff agreed to pay the amount of subrogation and the damages for delay calculated by the rate applied by the Plaintiff from the date of subrogation (12% per annum), additional guarantee fees, etc.

Defendant A obtained a loan of KRW 45,00,000 from the Industrial Bank of Korea using a guarantee issued by the Plaintiff on the same day.

B. After that, around September 2016, the term of guarantee of the instant credit guarantee agreement was extended to September 19, 2017 with the consent of Defendant B.

(hereinafter referred to as “the extension of due date of this case”).

On November 20, 2017, the Plaintiff subrogated the Industrial Bank of Korea for KRW 45,473,673 on November 20, 2017, and KRW 112,800 of additional guarantee fees were generated.

【Reason for Recognition】 Each entry of evidence Nos. 1 through 5, and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the total amount of 45,586,473 won, such as the subrogated payment (i.e., KRW 45,473,673 additional guarantee fees of KRW 112,80), and damages for delay calculated at the rate of 12% per annum from November 20, 2017, which is the date of subrogation, to November 2, 2018, which is the date of the last delivery of the copy of the complaint of this case, and from the next day to the date of full payment, damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the date of payment.

3. Determination as to Defendant B’s assertion

A. Defendant B, first of all, according to the proposal for the improvement of joint and several sureties for corporate credit revealed by the Financial Supervisory Service, joint and several sureties in corporate loan is real.

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