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(영문) 전주지방법원 2018.01.17 2016가단29618
구상금
Text

1. The Defendant is jointly and severally and severally with Company B, C, and D, as well as KRW 44,103,294, and its corresponding amount from October 7, 2015 to January 31, 2016.

Reasons

1. Facts of recognition;

A. On April 23, 2012, the Plaintiff entered into a credit guarantee agreement with B Co., Ltd. (hereinafter “B”) with a credit guarantee principal of KRW 54 million, and from April 23, 2012 to April 21, 2017, and issued a credit guarantee agreement to B. At the time of the said credit guarantee agreement, the Plaintiff jointly and severally guaranteed the Plaintiff’s claim for reimbursement against B.

[The defendant asserts that he did not prepare a credit guarantee agreement because he was residing in China at the time of the above credit guarantee agreement, and that he did not dispute the authenticity of the evidence Nos. 1 (a credit guarantee agreement) and the evidence Nos. 7 (Additional Agreement). However, considering the overall purport of arguments as a result of the appraiser E’s appraisal, the defendant’s name, resident registration number, and address stated in the column of the above credit guarantee agreement and the above additional agreement are acknowledged to have been prepared by the defendant. Thus, the authenticity of

B obtained a loan from the Jeonbuk Bank on the basis of the credit guarantee letter as above. The Plaintiff lost the benefit of time due to the repayment of the principal and interest of the loan. On October 7, 2015, on behalf of B, the Plaintiff subrogated to the Jeonbuk Bank for the principal and interest of the loan amounting to KRW 44,103,294 (= Principal amounting to KRW 43,200,000).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 7, the purport of the whole pleadings

2. According to the above findings of determination, the defendant is jointly and severally liable to pay to the plaintiff 4,103,294 won by subrogation for the above bank and 12% (Agreement) per annum from October 7, 2015 to January 31, 2016, which is the date of subrogation for the above bank, to September 23, 2016 (the date of final delivery of the original copy of the instant payment order against the plaintiff), 10% per annum (Agreement) from the following day to September 23, 2016 (the date of final delivery of the original copy of the instant payment order against the plaintiff), and 15% per annum from the next day to the date of full payment (Special Cases Concerning Promotion, etc. of Legal Proceedings) to the plaintiff.

3. Conclusion, the plaintiff's claim.

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