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(영문) 서울중앙지방법원 2014.02.05 2013가단5129525
구상금 등 청구의 소
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 94,662,361 and KRW 94,246,393 among them, respectively.

Reasons

1. Facts of recognition;

A. On September 28, 2011, the Plaintiff entered into a credit guarantee agreement with Nowon-gu Rour (hereinafter “Nonindicted Company”) and issued a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”), the principal of the guarantee, KRW 100 million, and the period of guarantee as of September 28, 2016. Defendant A, B, and C guaranteed the Defendant’s obligation to the Plaintiff based on the instant credit guarantee agreement.

B. According to the credit guarantee agreement of this case, if the non-party company failed to repay the loan and the plaintiff discharges the guaranteed obligation, the non-party company and the defendant A, B, and C shall be jointly and severally liable to the plaintiff. ① The amount of subrogation paid by the plaintiff for the performance of the obligation and the damages for delay calculated by the plaintiff's rate from the date of performance of the subrogated payment to the day before the date of completion of the obligation, ② the additional guarantee fee from the day after the date of payment of the guarantee fee to the day before the date of termination of the guarantee fee, and ③ all incidental obligations such as legal procedure expenses paid by the plaintiff to enforce

C. A non-party company was granted a loan of KRW 100 million from our bank as security, but on December 29, 2012, the non-party company caused a credit guarantee accident due to a installment repayment delay, but resolved the cause on January 29, 2013. On March 29, 2013, a credit guarantee accident again occurred due to a delay in installment repayment, and the Plaintiff subrogated for KRW 95,165,03 on June 13, 2013 upon the request for the performance of guaranteed obligation by our bank.

The Plaintiff recovered the amount of 902,690 won on June 13, 2013 and 15,950 on June 25, 2013 to be KRW 94,246,393 for failure to recover the amount of subrogated payment. The Plaintiff’s interest rate for delay for delayed payment determined by the instant credit guarantee agreement is 15% per annum after June 13, 2013, which is the date of subrogation, and the fixed interest rate for delay for partial repayment is 78 won, and the Plaintiff’s interest for the enforcement and preservation of the claim for reimbursement.

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