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(영문) 창원지방법원 2018.01.11 2016가합51194
구상금 등
Text

1. Defendants are jointly and severally liable to the Plaintiff for KRW 231,342,659 out of KRW 233,55,052 and the said money. From March 15, 2016 to March 2016.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established pursuant to the Credit Guarantee Fund Act for the purpose of facilitating corporate financing by guaranteeing the debt of an enterprise which lacks security solvency.

B. On May 13, 2009, Defendant A Co., Ltd. (hereinafter “A”) took out a loan of KRW 300 million from an enterprise bank, and entered into a credit guarantee agreement with the Plaintiff on KRW 300 million of the loan obligation (hereinafter “instant guarantee agreement”). Defendant B jointly and severally guaranteed the Plaintiff’s obligation under the instant guarantee agreement.

C. On March 15, 2016, the Plaintiff subrogated to a corporate bank for KRW 229,50,000, and interest 1,842,659, in total, KRW 231,342,659, according to the company bank’s performance of guaranteed obligation due to Defendant A’s current account.

Meanwhile, according to Article 10 of the Guarantee Agreement of this case, when the plaintiff performed the guaranteed obligation, the defendant A shall be paid damages for delay at the prescribed rate set by the plaintiff from the date of discharge of the guaranteed obligation to the date of full payment. The defendants shall pay to the plaintiff the legal procedure expenses incurred by the plaintiff in order to enforce or preserve the claim for reimbursement against the defendants.

From the date of subrogation under this subsection, the prescribed rate of 10% per annum determined by the Plaintiff is 2,212,393 won at present among the legal procedure costs incurred by the Plaintiff in order to preserve the claim for reimbursement against the Defendants.

[Reasons for Recognition] Defendant A Co., Ltd.: deemed confession (Article 150(3) of the Civil Procedure Act): Defendant B: deemed confession (Article 150(1) of the Civil Procedure Act)

2. Comprehensively taking account of the facts established prior to the determination of the cause of the claim, the Defendants jointly and severally against the Plaintiff KRW 231,342,659, and KRW 233,55,052,052 (= KRW 231,342,659, KRW 212,39, and KRW 2,212,39, and KRW 235,052 of the legal procedure expenses (= KRW 231,342,659, KRW 2,212,393) and the subrogation amount under the guarantee agreement in question.

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