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(영문) 청주지방법원 2015.08.12 2014가단161158
구상금
Text

1. Defendant A, B, C, and D are jointly and severally liable to the Plaintiff for KRW 949,457,642 and KRW 948,591,460 among them.

Reasons

1. Determination as to the claim for indemnity

A. The Plaintiff entered into a guarantee agreement and subrogated repayment agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) and the Plaintiff entered into a credit guarantee agreement on March 31, 2009, which is one billion won guaranteed amount and one billion won guaranteed amount, and March 30, 2010 (the later extension was continued) (the later extension period).

According to the credit guarantee agreement, Defendant A was loaned KRW 1 billion from the Industrial Bank of Korea.

Defendant B, C, and D jointly and severally guaranteed all obligations owed by Defendant A to the Plaintiff in accordance with the aforementioned credit guarantee agreement.

In the above credit guarantee agreement, when the plaintiff fulfills the guaranteed obligation for the defendant A, the defendant A decided to pay to the plaintiff the repayment amount of the guaranteed obligation and damages for delay in accordance with the rate determined by the plaintiff (12% per annum).

On January 6, 2014, Defendant A caused a credit guarantee accident.

On January 14, 2014, the Plaintiff subrogated for KRW 1,005,89,342 to the Industrial Bank of Korea in accordance with a credit guarantee agreement.

Meanwhile, the Plaintiff collected KRW 57,307,882 from Defendant A and appropriated it for the amount of subrogated payment. The damages for delay incurred from the date of subrogation to the date of recovery is 150,988 won, and the amount of subrogated payment paid by the Plaintiff for the preservation of the amount of subrogated payment is 715,194 won.

[Ground of recognition] Facts that there is no dispute between Defendant A, B, and C; evidence Nos. 1 through 7 and the purport of the whole pleadings between the remaining Defendants

B. Determination of the principal obligor A and the Defendant B, C, and D, jointly and severally and severally, jointly and severally with the Plaintiff KRW 949,457,642 [=12% per annum under the agreement from January 14, 2014, to May 5, 2015, the date of delivery of a copy of a complaint, respectively, for delay damages of KRW 57,307,882 - KRW 57,307,882] and its subrogation amount of KRW 948,591,460, the date of subrogation, to May 5, 2015, and the next day to the date of full payment, to the date of full payment.

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