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(영문) 수원지방법원 2016.09.08 2016가단506911
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 257,356,887 and KRW 257,356,781 among the Defendants.

Reasons

1. Facts of recognition;

A. On April 9, 2014, the Plaintiff entered into a guarantee insurance contract with Defendant A Co., Ltd. (hereinafter “Defendant A”), with each of the loan amounts of KRW 150,000,00,000, and the term of guarantee on April 8, 2015; general loan of the subject of loan; and the guarantee insurance contract with the No. C, the principal of the guaranteed principal of which are KRW 127,50,000,000 (hereinafter “instant guarantee insurance contract”); and D, the guaranteed principal of which are KRW 150,00,00 (hereinafter “instant guarantee insurance contract”).

On April 10, 2014, Defendant A received a loan of KRW 150,00,000 from each of the its respective branches in accordance with each of the above guarantee insurance contracts from the Plaintiff as security, and thereafter, the respective period of guarantee was extended on April 8, 2016.

B. The contract of performance guarantee insurance under each guarantee insurance contract of this case states that when the plaintiff pays the insurance proceeds to the insured due to the occurrence of an insured event, the defendant A shall immediately repay the amount of indemnity equivalent to the above insurance proceeds to the plaintiff, but if delayed, the payment insurance proceeds shall be deemed one year and 365 days from the day following the payment date of the insurance proceeds, and the damages for delay calculated by multiplying the number of delayed days by the interest rate applied to the delayed damages publicly notified by the plaintiff

C. At the time of concluding each guarantee insurance contract of this case, Defendant B guaranteed Defendant A’s obligation to the Plaintiff.

After that, Defendant A had a credit guarantee accident such as overdue interest, the Plaintiff subrogated the said bank to pay the principal and interest amounting to KRW 257,645,848 ( KRW 128,773,635, supra) on April 9, 2014 upon the request for the performance of the guaranteed obligation by the Seosung-si branch of the Nonghyup-si branch of the Nonghyup Bank ( KRW 128,773,635, KRW 128,872,213).

The Plaintiff collected KRW 289,067 on October 26, 2015, totaling KRW 271,808, and KRW 17,259 on October 28, 2015, and collected KRW 289,067 on October 28, 2015, and the remainder of the amount of subrogation at present shall be KRW 257,356,781.

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