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(영문) 서울중앙지방법원 2018.01.12 2017가단5096548
구상금
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 78,711,934 as well as KRW 6,029,068 as to the Plaintiff.

Reasons

1. Facts of recognition;

A. (1) On June 19, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A and provided a credit guarantee agreement and provided a credit guarantee agreement with Defendant C, the guaranteed number C, the guaranteed amount of KRW 338,60,000, and the guaranteed period of June 18, 2010 (which was extended by June 18, 2012 thereafter), and Defendant A provided a credit guarantee for the principal and interest obligation to be borne by receiving a loan from the National Agricultural Cooperatives Federation (Seoul AFF).

(2) According to the above credit guarantee agreement, when the Plaintiff performed the above guaranteed obligation, Defendant A paid the Plaintiff the amount subrogated by the Plaintiff, damages after the date of performance, additional guarantee fees calculated by adding a certain percentage of the pertinent guarantee guarantee fee rate from the day following the date of payment of guarantee fees for the amount not terminated to the day before the date of termination of guarantee, and all other incidental obligations, such as legal procedure expenses paid by the Plaintiff for delay.

(3) At the time of the above credit guarantee agreement, Defendant B Co., Ltd. jointly and severally guaranteed all obligations owed by Defendant A to the Plaintiff.

B. (1) The occurrence and scope of a claim for compensation for damages (1) The defendant A did not pay the above principal and interest of loan even though he lost the benefit due to the non-party bank's default, and on May 31, 2012, the plaintiff repaid 339,325,809 won of the principal and interest of loan pursuant to a credit guarantee to the non-party bank on behalf of the defendant A, in subrogation of the defendant A, and thereafter 33,296,741 won was recovered and appropriated for the amount of subrogated payment, the balance of the subrogated payment is 6,029

(2) The Plaintiff’s agreed damages rate for delay with respect to the amount of subrogated payment is 17% per annum from December 30, 1996 to December 1, 2010, 14% per annum from December 2, 2010 to May 31, 2015, and 12% per annum from June 1, 2015.

(3) As above, the Plaintiff collected KRW 33,296,741, out of the amount subrogated by subrogation, and collected KRW 72,682,86,86, out of the amount subrogated by subrogation.

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