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(영문) 창원지방법원 2019.07.09 2019가단108384
구상금
Text

1. The Defendants are jointly and severally liable for KRW 172,571,141 and KRW 172,445,450 among them. From August 6, 2018 to April 4, 2019.

Reasons

No dispute exists or comprehensively taking account of the purport of the entire pleadings, evidence Nos. 1 and 2, Defendant A obtained a loan of KRW 25 million from C Bank on February 14, 2013, and the Plaintiff entered into a credit guarantee contract for the above loan principal and interest amount of KRW 180 million on the same day. Defendant B guaranteed the obligation to repay the indemnity amount of Defendant A around that time, Defendant A incurred a credit guarantee accident on June 8, 2018, Defendant A paid the principal and interest of KRW 177,69,743 to C Bank on August 6, 2018, and the Plaintiff recovered the principal and interest of KRW 5,254,45,450 from the subrogated payment, and the amount of damages incurred by 125,691,69.

According to the above facts, barring any special circumstance, the defendants are jointly and severally liable to pay 172,571,141 won of the balance of principal and interest on subrogation and 172,445,450 won of the principal, which is the date of subrogation, to April 4, 2019, the service of the original copy of payment order from August 6, 2018 to April 4, 2019; 10% of the agreed interest rate; 15% of the annual amount prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings until May 31, 2019; and 12% of the annual amount prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

Although the Defendants asserted that they paid approximately KRW 70 million, there is no evidence to acknowledge this, the Defendants’ defense of performance is without merit.

Therefore, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

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