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(영문) 대전지방법원 2016.05.11 2015가합100598
구상금 등
Text

1. Defendant A and B jointly pay the following amount to the Plaintiff:

(a) 182,908,910 won;

B. The above A.

Reasons

1. Basic facts

A. 1) On April 1, 2013, the Plaintiff entered into a credit guarantee agreement, etc., the Defendant A Co., Ltd. (hereinafter “Defendant A”).

B) As between Defendant A and the Bank, the credit guarantee agreement between Defendant A and the credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) between Defendant A and April 1, 2014 (the change to April 1, 2015 due to the subsequent change to the credit guarantee term) to secure the principal and interest of loans due to a loan granted from Korea (hereinafter referred to as “instant credit guarantee agreement”).

(2) Defendant B, the representative director of Defendant A, was jointly and severally guaranteed all obligations owed by Defendant A to the Plaintiff in accordance with the instant credit guarantee agreement.

3) According to Article 10 of the Credit Guarantee Agreement, Defendant A was loaned KRW 200,00,000 from the Bank on April 2, 2013 of the guarantee certificate issued by the Plaintiff in accordance with the instant credit guarantee agreement. (4) According to Article 10 of the Credit Guarantee Agreement, where the Plaintiff fulfills the guaranteed obligation under the instant guarantee agreement, the principal obligor and the joint guarantor shall reimburse the Plaintiff, ① the amount of the guaranteed obligation paid by the Plaintiff in order to perform the guaranteed obligation, and damages for delay calculated by multiplying the Plaintiff by the rate of the Plaintiff’s delayed payment as determined from the date of repayment until the date of repayment, ② the expenses incurred in the performance of the guaranteed obligation and the expenses incurred in the exercise of the

From August 28, 2014, the rate of delay damages determined by the Plaintiff is 12% per annum.

B. The occurrence of a guarantee accident and the Plaintiff’s subrogation 1) Defendant A caused an accident of guaranteeing the payment of interest on loans to the Bank on May 21, 2014. (2) Accordingly, on July 21, 2014, the Bank filed a claim with the Plaintiff for the performance of the guaranteed obligation under the instant credit guarantee agreement.

On August 28, 2014, the Plaintiff paid 183,157,248 won by subrogation to the Bank, including the principal amount of KRW 180,000,000, interest of KRW 3,157,248.

The plaintiff recovers KRW 529,576 and pays the subrogation amount to KRW 182,627,672 (=183,157,248-529,576).

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