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(영문) 전주지방법원 2016.10.05 2016가단22020
구상금
Text

1. The Defendant shall jointly and severally with the Plaintiff, as to KRW 236,938,174, and KRW 235,963,535, among them, on May 2016.

Reasons

1. Facts of recognition;

A. On April 10, 2009, the Plaintiff entered into a credit guarantee agreement with B Co., Ltd. (hereinafter “B”), setting the credit guarantee principal of KRW 216 million, and the credit guarantee period from April 10, 2009 to April 9, 2010, and issued a credit guarantee agreement in B after setting the credit guarantee principal of KRW 50 million on November 5, 2009, and the credit guarantee period from November 5, 2009 to November 4, 2010. At the time of each of the above credit guarantee agreements, the Defendant, as a joint and several surety agreement, issued a credit guarantee agreement in B, with respect to the claims for compensation against the Plaintiff.

[Defendant's assertion as to the authenticity of the evidence No. 1 (Credit Guarantee Agreement), while considering the whole purport of pleading in addition to the statement No. 7-1 through No. 6, it is presumed that the defendant's name, resident registration number, and address stated in the column of joint and several surety of each of the above credit guarantee agreements was prepared by the defendant. Thus, the authenticity of the entire document is presumed to have been established.]

B obtained a loan from the bank under the above credit guarantee agreement, but it did not repay the principal and interest of each loan, thereby losing the benefit of time. On May 20, 2016, the Plaintiff subrogated to the bank for 195,508,248 won ( principal KRW 192 million, KRW 3508,248), based on the credit guarantee agreement of April 10, 2009, pursuant to the credit guarantee agreement of November 5, 2009, KRW 41,150,389 (principal KRW 4,050,000,000).

C. Meanwhile, the Plaintiff recovered KRW 195,508,248 on May 20, 2016 for the amount of subrogated payment to the said bank, thereby causing KRW 190 loss from the date of subrogated payment to the date of recovery, and paid KRW 974,449 to the legal procedure cost.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant shall jointly and severally with the plaintiff 235,963,535 won in the amount of subrogated payment to the above bank = 195,508,248 won in subrogation, 695,102 won in subrogation.

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