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(영문) 부산지방법원 2015.01.28 2013가합45689
구상금
Text

1. As to Defendant A and B’s joint and several liability for KRW 277,502,362 and KRW 274,679,062 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on April 22, 2013.

Reasons

1. Basic facts

A. (1) On April 30, 2010, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant A”), upon the request of Defendant A’s guarantee, provided a credit guarantee (hereinafter “the instant credit guarantee agreement”) with respect to the principal and interest of loan to be paid by Defendant A by obtaining a loan from the Korea Standards Bank (hereinafter “Seoul Bank”), as a representative of Defendant A, with the credit guarantee amount of KRW 285,00,000, and the credit guarantee period from April 30, 201 to April 29, 2011.

(2) According to Article 10 of the Credit Guarantee Agreement, when the Plaintiff fulfilled the guaranteed obligation, Defendant A and B shall pay the amount of the guaranteed obligation, damages for delay in accordance with the interest rate set by the Plaintiff from the date of the performance of the guaranteed obligation to the date of full payment, expenses incurred in compensating for the rights acquired through the performance of the guaranteed obligation. The Plaintiff set the rate of damages for delay from December 1, 2012 to the date of full payment.

(2) Since then, according to Defendant A’s application for extension of the guarantee period, the Plaintiff extended the expiry date of the guarantee period on April 20, 201 from April 29, 201 to April 27, 2012, and April 26, 2012 from April 27, 2012 to April 26, 2013, respectively.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation (1) Defendant A borrowed KRW 300,000,000 from the Japanese bank on April 30, 2010 in accordance with the Plaintiff’s credit guarantee. On January 8, 2013, a credit guarantee accident occurred due to Defendant A’s credit management information registration.

(2) On April 22, 2013, the Plaintiff, on behalf of Defendant A, subrogated for KRW 270,00,000 as principal and interest KRW 4,679,062 as principal and interest KRW 274,679,062, and paid the legal procedural costs of KRW 2,823,30 for the enforcement and preservation of the rights against Defendant A.

C. (1) On May 25, 2012, Defendant B entered into each of the instant sales contracts in the separate sheet with Defendant C.

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