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(영문) 서울중앙지방법원 2016.04.01 2015가합576158
구상금
Text

1. The Defendants jointly and severally committed against the Plaintiff as to KRW 283,407,360 and KRW 282,326,760 among them, from March 23, 2011.

Reasons

1. Basic facts

A. On May 7, 2010, C Co., Ltd. (hereinafter “Nonindicted Company”) concluded an export credit guarantee agreement (hereinafter “instant export credit guarantee agreement”) with the Plaintiff as the Plaintiff’s credit guarantee limit of KRW 280,000,00,000, and Korean banks dealing with loan business. In fulfilling the Plaintiff’s guaranteed obligation, the Plaintiff agreed to pay the amount of the guaranteed obligation performed, expenses for preservation of rights, and damages for delay at the interest rate determined by the Plaintiff.

On the same day, the Defendants jointly and severally guaranteed the obligations under the export credit guarantee agreement of the non-party company against the Plaintiff.

B. On May 7, 2015, Nonparty Company received a loan from Korea bank as security for the Plaintiff’s export credit guarantee certificate.

C. However, upon application for commencement of rehabilitation procedures by the non-party company, a credit guarantee accident occurred, and on March 22, 2011, the Plaintiff subrogated to the bank the principal amount of KRW 282,326,760 (=interest of KRW 280,000,000) on behalf of the bank, and paid KRW 1,080,60,000 at the expense of preserving the claim for reimbursement.

【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 283,407,360 (=282,326,760 won) and damages for delay calculated at each rate of KRW 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, with respect to KRW 282,326,760 from March 23, 2011, the day following the date on which the guaranteed liability is discharged, to Defendant A, until February 4, 2016, the day on which the copy of the complaint is served, to Defendant B, until January 12, 2016, the day on which the copy of the complaint is served, and to pay damages for delay calculated by the rate of KRW 15% per annum as of January 12, 2016, respectively, from the following day until the day of full payment.

B. Defendant B’s assertion on the assertion of Defendant B is inevitable because, without genuine intent of joint and several sureties, the representative director of the non-party company A and the employee in charge of the Plaintiff, once all documents are prepared, will be deducted from the joint and several sureties immediately.

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